Pon.Gangadharan v. The State Rep By The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.1331 of 2023 Pon.Gangadharan ... Petitioner Vs.

1.The State represented by The Superintendent of Police, Chengalpattu District, Chengalpattu.

2.The Deputy Superintendent of Police, Chengalpattu District, Chengalpattu.

3.The Inspector of Police, E5, Koovathur Police, Chengalpattu District.

... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents to register the FIR based on the complaint dated 01.12.2022 within time bound manner.

1/4

For Petitioner : Mr.M.Venkatesan For Respondents : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition is filed for directing the respondents to register the FIR based on the complaint dated 01.12.2022 within time bound manner.

2. The learned counsel for the petitioner submitted that the petitioner paid a sum of Rs.5,25,000/- to one A.Elumalai, in the year 2015. Despite several request, the said Elumalai did not pay the amount. Therefore, the petitioner gave a complaint on 27.10.2020 in E5, Koovathur Police Station. Elumalai agreed to repay the amount, but he did not pay the same. Therefore, on the basis of the complaint, on 21.02.2022, Elumalai agreed to pay the amount and in this regard, he has given a written undertaking. However, without paying the money, Elumalai threatened the petitioner that he would kill him, if the petitioner insists on payment of money. Therefore, a complaint dated 01.12.2022 was given before the respondent police.

2/4

3. The learned Government Advocate (Criminal side) submitted that, on the basis of the earlier complaint dated 27.10.2020 given by the petitioner, enquiry is still pending. It is now represented that, the petitioner had again given a complaint on 01.12.2022, through post. The said complaint is not available with the respondent police. He further submitted that, if petitioner gives a fresh complaint, appropriate action would be taken.

4. Accordingly, this Criminal Original Petition is disposed of, with a direction to the petitioner to give fresh complaint to the respondent police. On giving such complaint, the respondent police is directed to take appropriate action in the manner known to law.

24.01.2023 Internet : Yes / No Index : Yes / No Speaking/Non speaking order gd 3/4

G.CHANDRASEKHARAN,J.

gd To 1.The Superintendent of Police, Chengalpattu District, Chengalpattu.

2.The Deputy Superintendent of Police, Chengalpattu District, Chengalpattu.

3.The Inspector of Police, E5, Koovathur Police, Chengalpattu District.

4.The Public Prosecutor, Madras High Court.

Crl.O.P.No.1331 of 2023 24.01.2023 4/4