Criminal Original Petition filed under Section 482 CrPC praying direction to register a case. Court held complaint does not disclose cognizable offence; regular case to be registered if offence made out during enquiry following Lalita Kumari.
Criminal Original Petition closed without directing registration of a case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 16.07.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP.No.17696 of 2015
M.Vasantha ... Petitioner
Vs
State Rep. By The Inspector of Police, D3 Kanakambal Chatram Police Station, Tiruvallur District, Kanakambal Chatram - 603 204. ... Respondent
Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent police to register the case based on complaint given by the petitioner dated 25.06.2015 and to investigate the same.
For Petitioner : Mr.S.John J.Raja Singh For Respondent : Mr.C.Emalias Additional Public Prosecutor ORDER
Seeking a direction to the respondent police to register a case based on complaint given by the petitioner dated 25.06.2015 and to investigate the same, the petitioner has come up with this petition.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.
3.On reading of the complaint, it does not disclose any cognizable offence. During the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1.
With the above direction, this Criminal Original Petition is closed.
Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
To
1. The Inspector of Police,
D3 Kanakambal Chatram Police Station,
Tiruvallur District,
Kanakambal Chatram - 603 204
2. The Public Prosecutor,
High Court, Chennai.
+1cc to M/s. S.John J.Raja singh, Advocate sr.no.36084
Crl.OP.No.17696 of 2015
gp[co]
srg 31.07
2 issues framed by the court
Whether the police should register a case based on the petitioner's complaint.
Whether the complaint disclosure a cognizable offence.
Colour shows how this judgement treated each authority
Lalita Kumari v. Government of Uttarpradesh and OthersReferred¶13
(2014) 2 SCC 1 · Who else cites this
1 provisions across 1 enactments
M.Vasantha
State Rep. By The Inspector of Police
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
