Madras High CourtCRL OP(MD)/16406/2015disposed of

Raihana v. The Commissioner Of Police

2015-08-26Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.16406 of 2015 Raihana W/o.Pookkoya : Petitioner Vs.

1.State rep. by the Commissioner of Police, Tirunelveli City Police, Tirunelveli.

2.The Inspector of Police, City Crime Branch, Palayamkottai, Tirunelveli District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to instruct the 2nd respondent to register a case on the complaint of the petitioner dated 22.7.2015.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.P.Kannithevan Government Advocate(Crl. Side)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the first respondent to instruct the second respondent to register a case on the complaint of the petitioner dated 22.7.2015.

2. The learned counsel for the petitioner submitted that the petitioner has given a complaint to the second respondent as early as on 22.07.2015, but, however, the second respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

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3. At this juncture, the learned Government Advocate(Crl.

Side), on instructions, would submit that based on the complaint given by the petitioner, current paper is pending in A5/13924/1222/2015.

4. Considering the rival submission made on both sides, 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.

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

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Tirunelveli City Police, Tirunelveli.

2.The Inspector of Police, City Crime Branch, Palayamkottai, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.R.MAHESHWARAN, ADVOCATE IN SR NO. 49278 SES TE/NGM-SS/SAR(J) 10/09/2015 2P/5C Order made in Crl.O.P.(MD)No.16406 of 2015 26.08.2015 https://hcservices.ecourts.gov.in/hcservices/