Madras High CourtCRL OP/9199/2016disposed of

D.Usha v. 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.9199 of 2016 D.Usha .. Petitioner Vs.

State rep. by Inspector of Police Taluk police station Tiruvannamalai.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register the case on the basis of the petitioner's complaint dated 20.02.2016. For Petitioner :Mr.K.Govi Ganesan For Respondent :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the respondent to register a case pertaining to the petitioner's complaint dated 20.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 20.02.2016. But the respondent has 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, enquiy has been conducted. He would further submit that since the petitioner did not co-operate for enquiry, the complaint was closed on 28.03.2016.

4.Considering the rival submissions made on both sides and perusing the typed set of papers, I am of the view that it is a fit case for reopen the closure report. Accordingly, the closure report is hereby reopened and the respondent is directed to conduct the enquiry afresh 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 https://hcservices.ecourts.gov.in/hcservices/

offence is made out. The petitioner is directed to appear before the respondent police 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.Inspector of Police Taluk police station Tiruvannamalai.

2.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr. M. Govi Ganesan, Advocate Sr.26957 Crl.O.P.No.9199 of 2016 LRS(CO) Eu 04.05.16 https://hcservices.ecourts.gov.in/hcservices/