Madras High CourtCRL OP/1077/2016disposed of

M.Tamilarasu v. The Inspector Of Police

2016-01-20Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.OP No.1077 of 2016 M.Tamilarasu S/o.Muthu, Door No.6, Saiva Muthaiya Muthali 6th Street, Kanniyamman Koil, Royapettah, Chennai - 600 014.

... Petitioner Vs The State, Rep. by The Inspector of Police, D-3, Ice-House Police Station, Triplicane, Chennai - 600 005.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to register the petitioner's complaint dated 22.12.2015 and to investigate the same.

For Petitioner : Mr.R.Thirumoorthy For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to register the petitioner's complaint dated 22.12.2015.

2. The petitioner is the secretary of the Bharani Abiseka Trust Kannniyamman Meersaarpet Kudiiruppor Sangam. His association is fighting for the tenants legal rights. Moreover, the petitioner's organization had taken all steps to initiate civil proceedings regarding collection of rent from the tenants through trustees of the said trust. While so, one Senthil Velan, who has nothing to do with the trust, deputed some person to collect the rent from the tenants and prepared a fabricated receipt books and they tried to collect the rent from the tenants. With regard to the same, the petitioner https://hcservices.ecourts.gov.in/hcservices/

lodged a complaint with the respondent police on 22.12.2015. But, till date, no action has been taken on the said complaint. Hence, the present Criminal Original Petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.560/ 2015 has been assigned and the same is pending for enquiry.

5. In view of the submissions made on either side, this Court directs the respondent to conduct enquiry on the complaint of the petitioner dated 22.12.2015 in CSR.No.560/2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out, the respondent is directed to pass an appropriate order on the said complaint.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mrp To:

1. The Inspector of Police, D-3, Ice-House Police Station, Triplicane, Chennai - 600 005.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Thirumoorthy, Advocate, S.R.No.3605 Crl.OP No.1077 of 2016 PPA(CO) CA(09/02/2016) https://hcservices.ecourts.gov.in/hcservices/