Madras High CourtCRL OP/9181/2016disposed of

P.Govindasamy v. The Superintendent 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.9181 of 2016 P.Govindasamy .. Petitioner Vs.

1.The Superintendent of Police Tiruvannamalai Tiruvannamalai District.

2.The Inspector of Police Santhavasal police station Tiruvannamalai District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register a case on the basis of the petitioner's complaint dated 31.03.2016 and investigate the same in accordance with law and file a final report.

For Petitioner :Mr.M.Sathish Kumar For Respondents :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the second respondent to register a case pertaining to the petitioner's complaint dated 31.03.2016.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 31.03.2016 and C.S.R.No.59 of 2016 has also been assigned. 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 lodged by the petitioner, enquiry is pending in C.S.R.No.59 of 2016.

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4.Considering the rival submissions made on both sides, on the basis of the complaint lodged by the petitioner, as enquiry is pending in C.S.R.No.59 of 2016, the second 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 second respondent for enquiry on 06.05.2016 along with the relevant documents.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kj To 1.The Superintendent of Police Tiruvannamalai Tiruvannamalai District.

2.The Inspector of Police Santhavasal police station Tiruvannamalai District.

3.The Public Prosecutor High Court, Chennai.

Crl.O.P.No.9181 of 2016 LRS(CO) EU 04.05.16 https://hcservices.ecourts.gov.in/hcservices/