Madras High CourtCRL OP(MD)/10743/2018disposed of

Eraja S.Srinivasan, v. The Inspector Of Police

2018-07-04Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.10743 of 2018 Eraja.S.Srinivasan ... Petitioner -vsThe State represented by the Inspector of Police (L & O), Vedasandur Police Station, Vedasandur, Dindigul District.

... Respondent PRAYER : Criminal Original petition is filed under Section 482 of the Criminal Procedure Code for a direction to the respondent police to register the complaint of the petitioner dated 21.06.2018, made to the respondent police, in the light of the judgment made in Lalitha Kumari vs. State of U.P. and another reported in 2014 (2) SCC 1. For Petitioner : Mr.ADV.Krishnamurthy For Respondent : Mr.K.Chellapandian Additional Advocate General assisted by Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The Criminal Original Petition has been filed for a direction to the respondent police to register the complaint of the petitioner dated 21.06.2018, in the light of the judgment made in Lalitha Kumari vs. State of U.P. and another reported in 2014 (2) SCC 1.

2. The learned Additional Advocate General appearing for the respondent would submit that the petitioner has preferred the complaint on 21.06.2018 and the same was received on 23.06.2018. On 28.06.2018, the respondent police has sent a communication to the petitioner to appear for enquiry. But the petitioner has not turned up for the enquiry and made a reply notice to the respondent police.

3. The learned counsel appearing for the petitioner would submit that the petitioner undertakes to appear before the respondent police for enquiry, accompanied by an Advocate on 06.07.2018.

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4. In the light of the above submissions made by both parties, this Court pass the following order:

As per the undertaking given by the learned counsel appearing for the petitioner, the petitioner is directed to appear before the respondent police along with an Advocate on 06.07.2018. On such appearance, the respondent police shall proceed with enquiry based on the petitioner's complaint and failure on the part of the petitioner to appear before the respondent police, it is open to the respondent police to proceed in accordance with law.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To

1. The Inspector of Police (L & O), Vedasandur Police Station, Vedasandur, Dindigul District.

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

+1cc to Mr.ADV.Krishnamurthy, Advocate, SR.No.71178. Crl.O.P.(MD)No.10743 of 2018 04.07.2018 akv RAM/VR/SAR 2/05.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/