C.Karmegam v. The Commissioner 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.8680 of 2016 C.Karmegam .. Petitioner Vs.

1.The Commissioner of Police, O/o. Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.

2.The Inspector of Police, S-1 St.Thomas Mount Police Station, Chennai District.

3.The Inspector of Police, J-3 Guindy Police Station (Crime) Chennai.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent police to register a case based on the complaint given by the petitioner dated 15.02.2016.

For Petitioner : Mr.K.T.S.Sivakumar 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 third respondent to register a case pertaining to the petitioner's complaint dated 115.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the third respondent on 15.02.2016, for which, C.S.R.No.123/2016 has been assigned. But the third respondent has 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 the complaint given by the petitioner is pending before the second respondent. 4.Considering the rival submissions made on both sides that the complaint given by the petitioner on 15.02.2016 is pending before the second respondent, the third respondent is directed to transmit all the records pertaining to C.S.R.No.123 of 2016 to the second respondent. On receipt of the same, the second 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. The petitioner is directed to appear before the second respondent on 05.05.2016 for enquiry.

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

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar cse To 1.The Commissioner of Police, O/o. Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.

2.The Inspector of Police, S-1 St.Thomas Mount Police Station, Chennai District.

3.The Inspector of Police, J-3 Guindy Police Station (Crime) Chennai.

4.The Public Prosecutor High Court, Chennai.

+1 cc to Mr.K.T.S.Sivakumar, Advocate, sr.26372 Crl.O.P.No.8680 of 2016 jsv co kra 03.05.2016 https://hcservices.ecourts.gov.in/hcservices/