Allowed

Mr.M.S.Ganesan v. the City Commissioner of

Madras HC12 Apr 2016CRL OP/6051/2016

Case brief

AI extract

What is this about?

This single Bench Order allowed a petition under Section 482 Cr.P.C. setting aside a police closure report where the petitioner was not examined. The Court directed the police to conduct a fresh enquiry following Lalitha Kumari and register a case if a cognizable offence was found.

What did the court decide?

The closure report furnished by the respondents is set aside. The petitioner is directed to appear before the second respondent for enquiry on 15.04.2016. The second respondent is directed to conduct

Mr.M.S.Ganesan Vs the City Commissioner… — Constitutional and Fundamental Rights | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.04.2016

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CORAM :

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THE HONOURABLE MS. JUSTICE R.MALA

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Crl.O.P.No.6051 of 2016

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M.S.Ganesan .. Petitioner

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Vs.

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1.The City Commissioner of Police Commissioner Office Tiruppur.

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2.The Inspector of Police North police station Tiruppur. .. Respondents

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Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register the case on the basis of the petitioner's complaint dated 02.11.2015 and investigate the same in accordance with law.

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For Petitioner :Ms.Revathi Ramachandran

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For Respondents :Mr.C.Emalias Addl. Public Prosecutor O R D E R

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The petitioner has come forward with this petition seeking a direction to the second respondent to register a case pertaining to the petitioner's complaint dated 02.11.2015.

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2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 02.11.2015. But the respondents have 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.

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3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on receipt of the petitioner's complaint, C.No.957 of 2015 has been assigned. He would further submit that the petitioner was not examined, but the counter petitioner alone was examined and the complaint was closed on 11.03.2016. However, he prays for dismissal.

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https://hcservices.ecourts.gov.in/hcservices/

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4.Considering the rival submissions made on both sides, on receipt of the petitioner's complaint dated 02.11.2015, C.No.957 of 2015 has been assigned. According to the learned Additional Public Prosecutor, the petitioner was not examined and the counter petitioner alone was examined. On that basis, the complaint was closed. Under such circumstances, the closure report furnished by the respondents is hereby set aside. The petitioner is directed to appear before the second respondent for enquiry on 15.04.2016 along with relevant documents. The second respondent is directed to conduct 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.

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

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Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
kj
To
1.The City Commissioner of Police
Commissioner Office
Tiruppur.
2.The Inspector of Police
North police station
Tiruppur.
3.The Public Prosecutor, High Court, Chennai.
+ 1 cc to M/s. Revathi, Advocate SR.22805
Crl.O.P.No.6051 of 2016
RSK(CO)
Eu 13.4.16

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https://hcservices.ecourts.gov.in/hcservices/

Mr.M.S.Ganesan v. the City Commissioner of

Case brief

What is this about?

What did the court decide?

Mr.M.S.Ganesan v. the City Commissioner of

Case brief

What is this about?

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