Sambath Kumar,60 Yrs, v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.728 of 2018 Sambath Kumar .. Petitioner Vs.

1. State Rep By The Commissioner of Police Commissioner office, Vepery, Chennai.

2. State Rep by The Inspector of Police (Crime), E-1, Mylapore Police Station, Chennai.

.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to direct the 2nd respondent to register the complaint dated 23.12.2017, and initiate legal action in accordance with law.

For Petitioner : Mr.L.Infant Dinesh For Respondents : Mrs.P.Kritika Kamal

O R D E R

The criminal original petition has been filed for a direction to the second respondent to register the complaint dated 23.12.2017.

2. When the matter was called, the learned Government Advocate (Crl.Side), on instruction submitted that the petitioner's complaint dated 23.12.2017 has been enquired and closed as mistake of fact through a report dated 16.01.2018.

3. A copy of the report has also been produced before the Court. On a reading of the report, it is seen that the grievance of the petitioner as spelled out in his petition has not been answered in the report. It is the specific case of the petitioner that he has been coerced to sign certain documents by five named persons, which includes the Inspector of Police also. In spite of such specific averments, there is no proper explanation as to how these averments are false, except that the

respondent have not received the complaint.

4. In my view, the copy of the complaint which is already been furnished by the petitioner from the typed set of papers, is sufficient enough for the respondent police to enquire into the same. In these circumstances, the closure report dated 16.01.2018, may not be proper and accordingly is set aside. The Deputy Commissioner of Police, Mylapore, Chennai, is directed to conduct further inquiry on the petitioner's complaint dated 23.12.2017 and file a final report/charge sheet within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above observations and directions, the criminal original petition is disposed of.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar nmm To

1. The Commissioner of Police Commissioner office, Vepery, Chennai.

2. The Inspector of Police (Crime), E-1, Mylapore Police Station, Chennai.

3. The Government Advocate (Crl.Side) High Court, Madras.

+ CC to Infant Dinesh, Advocate S.No.3585 Crl.OP.No.728 of 2018 VV(CO) smn(10/02/2018)