U.K.Manimaran v. the Commissioner of Police
Case brief
What is this about?
The High Court of Madras disposed of a Criminal Original Petition filed to direct registration of a cheating case. The Court clarified that pendency of a similar complaint elsewhere is not a valid plea and directed the police to examine the complaint and register a case if a cognizable offence is made out.
What did the court decide?
Directed the second respondent to examine the complaint and register a case if a cognizable offence is made out.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2016
C O R A M
THE HONOURABLE Mr.JUSTICE P.KALAIYARASAN
Crl.O.P.No.9309 of 2014
U.K.Manimaran .. Petitioner
Vs. The Commissioner of Police, Greater Chennai, Vepery, Chennai-7. 2.The Inspector of Police, Aminjikarai Police Station, Chennai-29. .. Respondents
Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the respondent to register a case on the basis of the petitioner's complaint dated 27.02.2014. For petitioner : Mr.K.A.Mariappan For respondents : Mr.D.Sivaram Kumar, Govt. Advocate (Crl. Side) O R D E R
Heard both sides.
2.It is averred in the petition that the petitioner and the person introduced by him were cheated with lakhs of rupees by one Sastri Babu and the petitioner lodged the complaint on 27.02.2014, but the respondent police has not taken any action. Therefore, the present criminal original petition has been filed.
3.The learned Government Advocate (Crl. side) submits that similar complaint is pending with Anna Nagar Police Station. Pendency of the similar complaint with another police station, cannot be a plea for not entertaining the petition by the respondent.
Issues for consideration
1 issue framed by the court
Whether the High Court should direct the police to register a case based on a complaint of cheating despite pendency of a similar complaint at another police station.
Parties & counsel
- petitioner
U.K. Manimaran
- respondent
The Commissioner of Police, Greater Chennai, Vepery, Chennai-7
- respondent
The Inspector of Police, Aminjikarai Police Station, Chennai-29
Coram
Case details
As recorded by the court registry
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