Madras High CourtCRL OP/8721/2016closed

Sanjay Kumar Rath, v. The Inspector Of Police

2016-06-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.8721 of 2016 Sanjay Kumar Rath .. Petitioner Vs State Represented by The Inspector of Police (Crime) E1, Mylapore Police Station, Mylapore, Chennai-4.

.. Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent police to register the case on the complaint of the petitioner dated 11.08.2015 and investigate the same and lay a final report before the Court concerned.

For Petitioner :

Mr.Prakash Kumar For Respondent :

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent Police to register a case on the complaint dated 11.08.2015, given by the petitioner, to investigate and file a final report.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. It is seen that an Advocate Notice dated 11.08.2015 has been issued to the respondent Police, based on which, the petitioner wants this Court to issue a direction to the respondent police, to register an FIR.

4. In the considered opinion of this Court, the police complaint cannot be lodged based on the advocate's notice, as that will lead to further complications.

5. The learned Additional Public Prosecutor submitted that on a complaint lodged by Sheela, the wife of the petitioner, an FIR in Crime No.1224 of 2016 has been registered against the petitioner herein, for the offence under Section 379 of IPC and as a counter blast, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has given the present complaint by way of advocate notice dated 11.08.2015.

6. Hence, no positive direction can be issued to the respondent-Police to register an FIR. Accordingly, this Criminal Original Petition is closed.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar ds To 1.The Inspector of Police (Crime) E1, Mylapore Police Station, Mylapore, Chennai-4.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr. V. Vijayakumar, Advocate, Sr. 35856 1 cc to Mr.R. Vasudevan, Advocate, Sr. 36885 Crl.OP.No.8721 of 2016 SSK (CO) kk 1/7 https://hcservices.ecourts.gov.in/hcservices/