K. Venkatachalam v. State By The Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2016

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.1395 of 2016 K.Venkatachalam S/o.Karupannan, Kumaravel Complex, Rasipuram, Namakkal ... Petitioner Vs.

State by The Inspector of Police (Law and Order) Vennandur Police Station, Namakkal District ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to register a case on the basis of the compliant dated 01.12.2015 lodged by the petitioner and investigate the same. For Petitioner : Mr.S.M.Muralidharan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent to register the complaint dated 01.12.2015 and investigate the same.

2.

In the petition, it is stated that the petitioner is a Conductor. While he was on duty on 27.11.2015 at around 6.45 pm, the driver by name Karthick was driving the bus bearing registration No.TN 30 AR 0333 owned by SRT Bus Company from Namakkal to Salem. At around 7.25p.m, when the bus was stopped at Adayalampatti Junction Road, a mob consisting of 20 to 30 persons entered into the bus and started to shout and hurled abuses with filthy language. When the petitioner and the driver protested, five unknown, but identifiable men of the gang, dragged and scolded them in filthy language for not stopping the bus at Aatayampatti bus stop and they were severely beaten up. Though a complaint has been lodged on 01.12.2015, till date no action has been taken. Hence, he has come forward with this petition.

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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.291 of 2015 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made on either side, since a complaint is pending under C.S.R.No.291 of 2015, this Court directs the respondent police to conduct enquiry on the complaint given by the petitioner dated 01.12.2015 in C.S.R.No.291 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, is directed to proceed further in accordance with law, as early as possible.

6.

This criminal original petition is disposed of accordingly.

srn -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Inspector of Police (Law and Order) Vennandur Police Station, Namakkal District

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.M.Muralidharan, Advocate SR 4263 vsn(co) prk5/2 Crl.O.P.No.1395 of 2016 https://hcservices.ecourts.gov.in/hcservices/