A.Kandhasamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.696 OF 2022 A.Kandhasamy ... Petitioner Vs.

State rep.by

1. The Superintendent of Police, Office of the District Superintendent Coimbatore.

2. The Inspector of Police, Madukkarai Police Station, Coimbatore.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police to register the FIR in line with the petitioner's complaint dated 30.12.2021.

For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent police to register the FIR in line with the petitioner's complaint dated 30.12.2021.

2. The grievance of the petitioner is that the petitioner had lodged a complaint against one Muthuveeran, former IAS officer, but no action has been taken. Thereafter, now the petitioner has lodged another complaint against the District Sub Registrar of the Registration Department. Though complaint has been received, no action has been taken.

3.The learned Additional Public Prosecutor submits that for similar nature of offence a case in Crime No.96 of 2021 came to be registered 03.05.2021 and the case has been closed as Mistake of Fact. RCS Notice was served to the petitioner on 14.05.2021. Now for the similar reason the petitioner has lodged a second complaint and CSR No.1 of 2022 assigned on 01.01.2022 and the petitioner was summoned to appear before the respondent police on 24.01.2022, along with the copy of the complaint and necessary documents, so that the investigation can be conducted and thereafter action can be taken.

4. The learned counsel for the petitioner submits that the petitioner has not been served with the RCS Notice with regard to Crime No.96 of 2021. He has also not been served with the summon to appear before the respondent police on 24.01.2022, as stated by the learned Additional Public Prosecutor.

5. The learned counsel on instruction submits that the petitioner shall appear before the respondent police on 24.01.2022 along with the copy of the complaint and necessary documents.

6.Considering the submissions and on perusal of the materials, this Court directs the petitioner to appear before the respondent police on 24.01.2022 along with the copy of the complaint and the necessary documents in support of his contention. Thereafter, the respondent police is directed to take appropriate action in the manner known to law. 7.With the above directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sli To

1. The Superintendent of Police, Office of the District Superintendent Coimbatore.

2. The Inspector of Police, Madukkarai Police Station, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+2ccs to M/s.W.Camyles Gandhi, Advocate, S.R.No.3219, 4106 CRL.O.P.No.696 of 2022 KSM(CO) RLP(07/02/2022)