This order in a Criminal Original Petition directed the police to expedite the enquiry and register a case under Section 482 Cr.P.C. applying the dictum from Lalitha Kumari if a cognizable offence was made out. The petitioner's complaint had already received a crime serial number with pending enquiry.
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 : 12.02.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.3197 of 2016
S.Loganathan .. Petitioner Vs.
Inspector of Police F-4, Kiliyanoor Police Station Kiliyanoor, Villupuram District. .. Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to register a case based on the petitioner's complaint dated 27.01.2016 in C.S.R.No.23 of 2016 and investigate the same in accordance with law.
For Petitioner :Mr.G.Ashok Kumar
For Respondent :Mr.C.Emalias Addl. Public Prosecutor
The petitioner has come forward with this petition seeking for a direction to the respondent to register a case pertaining to the petitioner's complaint dated 27.01.2016 in C.S.R.No.23 of 2016.
2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 27.01.2016, for which, C.S.R.No.23 of 2016 has been assigned. 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, petition enquiry in C.S.R.No.23 of 2016 is going on.
4.Considering the rival submissions made on both sides, on the basis of the complaint made by the petitioner, as enquiry is going on in C.S.R.No.23 of 2016, the 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.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
To
1.Inspector of Police
F-4, Kiliyanoor Police Station
Kiliyanoor, Villupuram District.
2.The Public Prosecutor
High Court, Chennai.
+1cc to Mr.G.Ashok Kumar, Advocate, S.R.No.9218
Crl.O.P.No.3197 of 2016
ca(CO)
srg(23/02/2016)
Colour shows how this judgement treated each authority
Lalitha Kumari vs. Govt. of U.P & othersReferred¶14
Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC)
1 provisions across 1 enactments
S.Loganathan
Inspector of Police F-4, Kiliyanoor Police Station Kiliyanoor, Villupuram District
R.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
