Madras High CourtCRL OP/8726/2016disposed of

A.Ansari v. The State Rep. By

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.8726 of 2016 A.Ansari .. Petitioner Vs.

State rep. by Inspector of Police H5 police station New Washermanpet Chennai.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the case on the basis of the petitioners complaint dated 28.03.2016 in C.S.R.No.134/2016 and investigate the same in accordance with law.

For Petitioner :Mr.J.Karthikeyan For Respondent :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the respondent to register a case pertaining to the petitioner's complaint dated 28.03.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 28.03.2016 and C.S.R.No.134 of 2016 has also been assigned. But the 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 petitioner, enquiy has been conducted in C.S.R.No.134 of 2016 and the same was closed on 03.04.2016.

4.Considering the rival submissions made on both sides https://hcservices.ecourts.gov.in/hcservices/

and perusing the typed set of papers, I am of the view that it is a fit case to reopen the closure report. Accordingly, the closure report is hereby reopened and the petitioner is directed to appear before the respondent police for enquiry on 05.05.2016 along with the relevant documents. The respondent is directed to conduct the enquiry afresh 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-VI) //True Copy// Sub Assistant Registrar kj To 1.The Inspector of Police H5 police station New Washermanpet Chennai.

2.The Public Prosecutor, High Court, Chennai. +1 cc to Mr.J.Karthikeyan, Advocate, sr.26503 Crl.O.P.No.8726 of 2016 ksj co kra 02.05.2016 https://hcservices.ecourts.gov.in/hcservices/