S.Devaki v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8786 of 2016 S.Devaki .. Petitioner Vs.

The Inspector of Police, T-14 Mangadu Police Station, Law and Order, Kanchipuram District.

.. Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to invoke the inherent power in favour of the petitioner and direct the respondent to register the complaint dated 12.04.2016 on the file of the Inspector of Police, T-14 Mangadu Police Station, Kanchipuram District. For Petitioner : Mr.Parigopal For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction to the respondent police to register a case pertaining to the petitioner's complaint dated 12.04.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 12.04.2016, for which, C.S.R.No.533 of 2016 has 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, the counter petitioner was called for enquiry and he had submitted that the petitioner has given the Transfer Certificate alone which was washed away in the recent flood and he has taking steps to get the duplicate https://hcservices.ecourts.gov.in/hcservices/

of the Transfer Certificate and on that basis, the complaint was closed. Hence, he pray for dismissal of the petition. 4.Considered the rival submissions made on both sides and perused the typed set of papers.

5.On perusal of the file, it is seen that the statement of the petitioner does not find place. Further, the petitioner has submitted that she has given not only her Transfer Certificate but also the Income Certificate, Community Certificate, SSLC mark list and the petitioner has also not been examined. Hence, I am of the view that it is a fit case to re-open the closure report and enquire the matter afresh. Therefore, the respondent is directed to re-open the case and 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.

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

cse Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, T-14 Mangadu Police Station, Law and Order, Kanchipuram District.

2.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.Parigopal, Advocate Sr 27050 KR/1/6/16 Crl.O.P.No.8786 of 2016 https://hcservices.ecourts.gov.in/hcservices/