M/S.Gemini Industries And v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.21411 of 2015 M/s Gemini Industries and Imaging Ltd Rep by its Authorized Representative Puruthothaman No.28, New Bangaru Colony, West K.K.Nagar, Chennai 600 078.

...Petitioner

Vs State rep by the Inspector of Police R-7, K.K.Nagar Police Station K.K.Nagar, Chennai 600 078.

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register a case on the basis of the complaint given by the petitioner dated 13.07.2015 against the above said person named in the complaint and investigate into the matter and submit a report to the Court.

For Petitioner :

Mr.G.Jeremiah for Mr.A.P.Sathyamurthy For Respondent :

Mr.C.Emalias, Addl.Public Prosecutor

ORDER

This petition has been filed to to direct the respondent police to register a case on the basis of the complaint given by the petitioner dated 13.07.2015.

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

3. It is seen that for the same cause of action, one Manohar Prasad, Managing Director of Gemini Industries and Imaging Ltd., lodged a complaint dated 07.03.2015 and also https://hcservices.ecourts.gov.in/hcservices/

filed Crl.O.P.No.13079 of 2015 before this Court for a direction to the police to register an FIR on his complaint dated 07.03.2015. In Crl.O.P.No.13079 of 2015, this Court passed the following order:

"3.

Learned Additional Public Prosecutor submits that petition enquiry was conducted in CSR No.158 of 2015 by K.K.Nagar and Central Crime Branch and both the police closed the case and copies of the Closure Report has been furnished to the learned counsel for the petitioner across the Bar.

4. In view of the above, this petition is closed, with liberty to the petitioner, to work out his remedies in the manner known to law."

4. It appears that the police conducted enquiry on the complaint dated 07.03.2015 given by Manohar Prasad and the same was closed on 04.04.2015. A fresh complaint has now been given by one Purushothaman representing M/s Gemini Industries and Imaging Ltd. on 13.07.2015 for the same cause of action. Hence, no positive direction can be issued to the respondent police to enquire into the complaint dated 13.07.2015. Accordingly, this petition is dismissed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar gms To 1.The Inspector of Police R-7, K.K.Nagar Police Station K.K.Nagar, Chennai 600 078.

2.The Public Prosecutor, High Court, Madras.

1 CC to Mr.A.P.Sathyamurthy, Advocate SR.No. 56460 Crl.OP No.21411 of 2015 CTK (CO)PSI (29.10.2015) https://hcservices.ecourts.gov.in/hcservices/