Petitioner filed a criminal original petition under Section 482 Cr.P.C. to direct registration of an old uninvestigated complaint. The court dismissed it as the petition was filed after a lapse of four years, allowing no cause of action tenet, and permitted a fresh petition.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.2307 of 2016
Mr.Angisetty Guruprasad Authorised Director, First Milk Private Limited, No.4th Street, Dr.Radhakrishnan Road, Mylapore, Chennai 600 004. ...Petitioner Vs.
State rep. By, The Inspector of Police, District Crime Branch, Erode District, Erode. (Cr.No. Not Known of 2016)
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register a case and investigate the complaint dated 31.12.2015 lodged by this petitioner.
For Petitioner : Mr.R.Vivekananthan
For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
The present Criminal Original Petition has been filed to direct the respondent to register a case and investigate the complaint dated 31.12.2015 lodged by this petitioner.
2.The petitioner seeks direction to the respondent to register a case and investigate the complaint dated 31.12.2015 lodged by this petitioner. Now, almost four years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. However, the petitioner is at liberty to file a fresh petition, on fresh cause of action, if so advised.
3.With the above observations, this Criminal Original Petition stands disposed of.
-s/dAssistant Registrar
True Copy
Sub-Assistant Registrar
rna
To
1.The Inspector of Police,
District Crime Branch,
Erode District, Erode.
2.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.2307 of 2016
RGN(CO)
SP(13/05/2019)
1 issue framed by the court
Whether the High Court should direct the respondent to register a case and investigate a complaint lodged four years prior to the filing of the petition.
1 provisions across 1 enactments
First Milk Private Limited
State rep. By, The Inspector of Police, District Crime Branch, Erode District
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
