Madras High CourtCRL OP/8858/2016disposed of

B.Loganthan v. The Commissioner 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.8858 of 2016 B.Loganathan .. Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai - 600 007.

2.State rep. By The Inspector of Police, P-1 Police Station, Pulianthope, Chennai - 600 012.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent and second respondent to register an FIR based on the complaint given by the petitioner dated 13.02.2016 and investigate it in accordance with law. For Petitioner : Mr.N.Sakthivel 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 respondents to register a case pertaining to the petitioner's complaint dated 13.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 13.02.2016, for which C.S.R.No.144 of 2016 has been given. But the respondents have 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.144 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 petition enquiry in C.S.R.No.144 of 2016 is pending, the respondents are 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.

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

cse s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To 1.The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, P-1 Police Station, Pulianthope, Chennai - 600 012.

3.The Public Prosecutor High Court, Chennai.

+ 2 ccs to Mr.N.Sakthivel, Advocate SR 26996 ks(co) prk31/5 Crl.O.P.No.8858 of 2016 https://hcservices.ecourts.gov.in/hcservices/