Madras High CourtCRL OP/9287/2016disposed of

E.Krishnakumar v. The Inspector 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.9287 of 2016 E.Krishnakumar .. Petitioner Vs.

State rep. by Inspector of Police Vadavalli police station Marudhamalai road Coimbatore.

.. 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 26.10.2015, which was forwarded to them from the Honourable Chief Minister Special Cell, within a stipulated period.

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 26.10.2015.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 26.10.2015. 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 and the complaint was closed. He has also produced a file to that effect.

https://hcservices.ecourts.gov.in/hcservices/

4.Considering the rival submissions made on both sides and perusing the file, since the statement of the petitioner has not been recorded, I am of the view that it is a fit case to 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 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.

kj s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.Inspector of Police Vadavalli police station Marudhamalai road Coimbatore.

2.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.K.Govi Ganesan, Advocate SR 26958 pa(co) prk3/5 Crl.O.P.No.9287 of 2016 https://hcservices.ecourts.gov.in/hcservices/