Bench directed police to consider documents produced by petitioner and register a case if cognizable offence is made out after conducting an enquiry.
Petitioner directed to produce documents; respondent directed to register case if cognizable offence is made out on receipt.
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 : 06.02.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA
Crl.O.P.No.2822 of 2015
Shri Balaji Stampings, Rep. By its Partner Gurmeet Singh, No.24/43, Rajiv Complex, Sakthi Nagar, Seneerkuppam, Chennai – 56. .. Petitioner
-Vs-
The Inspector of Police, CCB, EDF-II Team IV, Vepery, Chennai - 7. .. Respondent
PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondent police to to take the complaint dated 16.09.2014 on file and register a case and investigate the same.
For Petitioner : Mr.B.Manoharan
For Respondent : Mr.V.Arul Government Advocate (Crl. Side)
Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.
2.The petitioner has come forward with this petition seeking for direction, directing the respondent police to to register a case on the basis of his complaint dated 16.09.2014 and to investigate the same.
3.The learned counsel appearing for the petitioner would submit that even though the complaint has been filed on 16.09.2014, the respondent police has not registered a case so far. Hence, he pray for the relief as stated above.
4.Resisting the same, the learned Government Advocate (crl. Side) would submit on 22.01.2015, a communication has been sent to the petitioner to furnish the relevant documents and since document has not been filed, the petition was closed.
5.Considering the rival submissions and on perusal of the facts and circumstances of the case, I am of the view that it is a fit case to give direction. Accordingly, the petitioner is directed to appear before the respondent police and produce the relevant documents. On receipt of the documents, the respondent police is directed to consider the averments in the application and conduct an enquiry and register a case, if cognizable offence is made out, as expeditiously as possible.
6.With the above direction, the Criminal Original Petition is
disposed of.
cse
-s/d-
Deputy Registrar(J)
Dt:16/2/2015
True Copy
Sub-Assistant Registrar
To
1. The Inspector of Police,
CCB, EDF-II Team IV,
Vepery, Chennai - 7.
2. The Public Prosecutor
High Court, Madras.
+ 1 cc to Mr.B.Manoharan, Advocate SR 2110
gp(co)
prk24/2
Crl.O.P.No.2822 of 2015
2 issues framed by the court
Whether to direct the respondent police to register a case on the basis of the petitioner's complaint.
Whether the petitioner should be directed to produce relevant documents for case registration.
1 provisions across 1 enactments
Shri Balaji Stampings
The Inspector of Police, CCB
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
