S.Radhakrishnan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8437 of 2016 S.Radhakrishnan ... Petitioner Vs.

1. The Inspector of Police, (Law and Order), V-7 Police Station, Nolambur, Chennai - 600 037.

2. R.Krishnakumar

3. Suganya Proprietor of EDU Childrens Plant (Cretch) School, No.281, Mohanram Nagar, Mugappair, Chennai - 600 037.

4. B.Murali Bhaskar ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent police herein to take legal action against the respondents 2 to 4 herein after register the case in accordancew with law on the basis of the petitioner's complaint vide CSR No.167/2016 dated 03.04.2016 on the file of the first respondent police.

For Petitioner : Mr.Dalit Tiger C.Ponnusamy For Respondents : Mr.C.Emalias Additional Public Prosecutor (For R1)

O R D E R

The petitioner has come forward with this petition seeking for a direction to the first respondent to register a case pertaining to the petitioner's complaint dated 03.04.2016. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the first respondent on 03.04.2016, for which, C.S.R.No.167 of 2016 has been given. But the first respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioner 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 petitioners, petition enquiry in C.S.R.No.167 of 2016 is pending.

4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is pending, the first respondent is 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 VII) //True Copy// Sub Assistant Registrar cse To

1. The Inspector of Police, (Law and Order), V-7 Police Station, Nolambur, Chennai - 600 037.

2. The Public Prosecutor High Court, Chennai.

+1cc to Mr.Dalit Tiger C.Ponnusamy, Advocate, S.R.No.26275 Crl.O.P.No.8437 of 2016 LRS(CO) CA(17/05/2016) https://hcservices.ecourts.gov.in/hcservices/