N.Ashok Kumar 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.9041 of 2016 N.Ashok Kumar .. Petitioner Vs.

1.The State rep. By The Commissioner of Police, O/o.Commissioner of Police campus, Vepery, Chennai.

2.The Deputy Commissioner of Police, Central Crime Branch, Vepery, Chennai.

3.The Inspector of Police, XVIII Team, Central Crime Branch, Vepery, Chennai.

.. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents to register the petitioner's complaint dated 21.03.2016 and further direct the second respondent to monitor the investigation.

For Petitioner : Mr.V.Krishnamoorthy For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

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 21.03.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 21.03.2016. 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. https://hcservices.ecourts.gov.in/hcservices/

3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on receipt of the complaint from the petitioner, petition enquiry has been conducted and closed. A closure report has also been furnished to the petitioner.

4.Considering the rival submissions made on both sides, I am of the view that it is a fit case to re-open the closure report and enquire the matter afresh. Therefore, the third 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. The petitioner is also directed to appear before the respondent police on 06.05.2016. 5.The Criminal Original Petition is disposed of with the above direction.

cse -s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The Commissioner of Police, O/o.Commissioner of Police campus, Vepery, Chennai.

2.The Deputy Commissioner of Police, Central Crime Branch, Vepery, Chennai.

3.The Inspector of Police, XVIII Team, Central Crime Branch, Vepery, Chennai.

4.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R.Thirumoorthy, Advocate SR 27232 ksj(co) prk2/5 Crl.O.P.No.9041 of 2016 https://hcservices.ecourts.gov.in/hcservices/