Madras High CourtCRL OP/5642/2017disposed of

M/S.Shimato Enterprises Pvt v. The State Rep. By,

2017-04-06Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P. No.5642 of 2017 M/s.Shimato Enterprises Pvt. Ltd., Represented by its Manager-Admin., Sanjay Sheth, 102, Armenian Street, George Town, Chennai - 600 001.

... Petitioner versus The State represented by The Inspector of Police, Central Crime Branch, Vepery, Chennai - 600 007.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent, The State represented by The Inspector of Police, Central Crime Branch, Vepery, Chennai - 600 007, to register a First Information Report under Sections 406, 378, 120-A, 120-B, 107, 108, 421, 381 and 506 of IPC for the compliant dated 18.04.2016 and set aside the order dated 05.01.2017 passed by the learned Chief Metropolitan Magistrate and to investigate into the offences and file a final report. For Petitioner : M/s.Shabnam For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the respondent police to register the First Information Report under Sections 406, 378, 120-A, 120-B, 107, 108, 421, 381 and 506 of IPC for the compliant dated 18.04.2016 and set aside the order dated 05.01.2017 passed by the learned Chief Metropolitan Magistrate and to investigate into the offences and file a final report.

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2. It is the case of the petitioner that he has lodged a complaint with the Commissioner of Police, Vepery, as against one Sateesh Badrajalam and another on 18.04.2016. However, no action has been taken till date. Hence, the present petition.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner filed complaint under Section 156(3) of Cr.P.C. before the learned Chief Metropolitan Magistrate, Egmore, Chennai and the same has been returned with an endorsement that the petitioner has not chosen to file the same before the jurisdictional Court.

4. Considering the facts and circumstances of the case, this Court directs the petitioner to represent the returned papers along with the explanation as directed by the jurisdictional Court, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the jurisdictional Court is directed to consider the same and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible.

5. The Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sri To 1.The Chief Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, Central Crime Branch, Vepery, Chennai - 600 007.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Shabram, Advocate Sr.21101 Crl.O.P. No.5642 of 2017 sks[co] srg 21/02/2017 https://hcservices.ecourts.gov.in/hcservices/