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Madras High CourtCRL OP/8434/2016disposed of

T. Sivakozhundhu, v. State Rep. The Superintendent

2016-04-27Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8434 of 2016 T.Sivakozhundhu .. Petitioner Vs.

1.State represented by The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Panrutti - 607 106.

3.The Inspector of Police, Kadampuliyur Police Station, Kadampuliyur, Cuddalore District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register the FIR based on the complaint given by the petitioner to the respondents dated 09.10.2015 and to investigate and to file the final report within the time stipulated by this Court.

For Petitioner : Mr.D.S.Thiruma Valavan For Respondents : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the respondents to register a case pertaining to the petitioner's complaint dated 09.10.2015. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 09.10.2015. But the respondents have not shown any interest to enquire the matter and register the case. Hence, the petitioner https://hcservices.ecourts.gov.in/hcservices/

has come forward with this petition for the above stated relief.

3. At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner on 09.10.2015, petition enquiry is pending.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as petition enquiry is pending, the respondents are directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar cse To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Panrutti - 607 106.

3.The Inspector of Police, Kadampuliyur Police Station, Kadampuliyur, Cuddalore District.

4.The Public Prosecutor High Court, Chennai.

1 cc to Mr.D.S.Thirumavalavan, Advocate, sr.26271 Crl.O.P.No.8434 of 2016 lrs co kra 26.05.2016 https://hcservices.ecourts.gov.in/hcservices/