A.Habeeb Rahman v. The Commissioner 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.8918 of 2016 A.Habeeb Rahman .. Petitioner Vs.

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

2.The Joint Commissioner of Police, South Zone, St.Thomas Mount, Chennai - 600 016.

3.The Inspector of Police, Tambaram Police Station, Tambaram, Kanchipuram District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register the complaint based on the petitioner's complaint dated 04.09.2015 and 30.10.2015 for enquiry and to conduct the impartial enquiry and file a final report against the respondent in accordance with law.

For Petitioner : Mr.P.Balamurugan 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 04.09.2015 and 30.10.2015 respectively.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 04.09.2015, for which, C.No.2707/COP/Visitors/2015 has been given. He would also submit that the petitioner has also sent a reminder on 30.10.2015. 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 the third respondent has not received any complaint. However, he would submit that if the petitioner gives a fresh complaint to the third respondent, they may look into the same. 4.Considering the rival submissions made on both sides, the petitioner is directed to give a fresh complaint to the third respondent. On receipt of such fresh complaint, the third 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 appear before the third respondent on 07.05.2016 for enquiry with all the relevant documents.

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

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar pgp/cse To 1.The Commissioner of Police, Commissioner of Police, Vepery, Chennai - 600 007.

2.The Joint Commissioner of Police, South Zone, St.Thomas Mount, Chennai - 600 016.

3.The Inspector of Police, Tambaram Police Station, Tambaram, Kanchipuram District.

4.The Public Prosecutor High Court, Chennai.

Crl.O.P.No.8918 of 2016 EV (CO) kk 4/5