Madras High CourtCRL OP/30398/2014closed

Lingeswaran v. The Home Secretary Government

2015-09-21Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.30398 of 2014 Lingeswaran .. Petitioner Vs.

1. The Home Secretary.

Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Joint Commissioner, Chennai West District, Ambattur.

3. The Deputy Commissioner, Aijay Sport Auditorium, Veerapuram road, Avadi, Chennai.

4. The Assistant Commissioner, Rani Victoria Street, Poonamallee Chennai - 600 056.

5. The Inspector of Police, Poonamallee Police Station, Poonamallee, Chennai - 600 056.

6. The Sub Inspector, Poonamallee Police Station, Poonamallee, Chennai - 600 056.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to issue direction against the 4th respondent to register an FIR on the complaint dated 26.10.2014 of the petitioner given to the 4th respondent i.e. the Assistant Commissioner Poonamallee against the 5th and 6th respondents in the correct section of Law and investigate the crime.

For Petitioner : Mr.K.Balakrishnan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed to issue direction against the 4th respondent to register an FIR on the complaint dated 26.10.2014 of the petitioner given to the 4th respondent i.e. the Assistant Commissioner Poonamallee against the 5th and 6th respondents in the correct section of Law and investigate the crime.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is seen that the respondent police have filed a detailed counter affidavit, wherein, it is stated that the case has been registered against this petitioner in T-12, Poonamallee Police Station, Crime No.1617 of 2014 under Sections 294(b), 353, 506(i) IPC. As a counter blast, this petitioner has admitted himself in the Kilpauk Medical College and Hospital, Chennai as if six unknown ununiformed police personnel has assaulted him. The police enquiry reveals that the complaint given by the petitioner, who is a lawyer, is not true.

Under such circumstances, no positive direction can be issued as prayed for by the petitioner. Hence, the criminal original petition is closed.

sms s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To