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Madras High CourtCRL OP/9063/2016disposed of

B.Guhan v. The State Rep By

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.9063 of 2016 1.B.Guhan 2.G.Mahalakshmi .. Petitioners Vs.

State represented by Inspector of Police E1 Mylapore police station Chennai-4.

.. Respondent C.S.R.No.459/2016, dated 14.4.2016 Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register a case on the basis of the petitioner's complaint dated 14.04.2016 in C.S.R.No.459 of 2016 and investigate the same in accordance with law.

For Petitioners :Mr.Mohamed Aasif For Respondent :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioners have come forward with this petition seeking a direction to the respondent to register a case pertaining to the petitioners' complaint dated 14.04.2016 in C.S.R.No.459 of 2016.

2.The learned counsel for the petitioners submitted that the petitioners have lodged a complaint before the respondent on 14.04.2016 and C.S.R.No.459 of 2016 has also been assigned. But the respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioners have 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 the basis of the complaint lodged by the petitioners, enquiry is pending in C.S.R.No.459 of 2016.

4.Considering the rival submissions made on both sides, on the basis of the complaint lodged by the petitioners, as enquiry is pending in C.S.R.No.459 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.

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

-s/d- Vacation officer/Assistant Registrar True Copy Sub-Assistant Registrar To 1.Inspector of Police E1 Mylapore police station Chennai-4.

2.The Public Prosecutor High Court, Chennai.

+6 cc to Mr.Mohamed Aasif Advocate sr.26734 Crl.O.P.No.9063 of 2016 aa09/05/2016 https://hcservices.ecourts.gov.in/hcservices/