Madras High CourtCRL OP/8844/2016disposed of

Dr. Hisamuddin v. The Inspector Of Police

2016-04-28Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.8844 of 2016 D.Hisamuddn .. Petitioner Vs State rep. By its The Inspector of Police, J-1 Saidapet Police Station, Chennai - 600 015.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the FIR and take necessary action against the Mohamed Naiyeemur Rahman, Md.Mujibur Rahman, Waqf Board, Area Inspector and investigate the matter properly based on the petitioner's complaint dated 06.04.2016 in C.S.R.No.75 of 2016 issued by the respondent. For Petitioner : Mr.A.Antony Arokiaraja For Respondent : 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 respondent to register a case pertaining to the petitioner's complaint dated 06.04.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 06.04.2016, for which, C.S.R.No.75 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, petition enquiry in C.S.R.No.75 of 2016 is pending.

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4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is pending in C.S.R.No.75 of 2016, the 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 co-operate for enquiry.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cse To 1.The Inspector of Police, J-1 Saidapet Police Station, Chennai - 600 015.

2.The Public Prosecutor High Court, Chennai.

Crl.O.P.No.8844 of 2016 SV(CO) Eu 17.5.16 https://hcservices.ecourts.gov.in/hcservices/