Vanaja v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1599 of 2016 Vanaja ... Petitioner Vs The Inspector of Police, D-6, Maraimalai Nagar Police Station, Maraimalai Nagar.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C.to direct the respondent to conduct an investigation and register the First Information Report based on the complaint dated 09.10.2015 made by the petitioner to the respondent and to file a final report within a period stipulated by this Court. For Petitioner : Mr.C.Amudhan For Respondent : Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

The present criminal original petition has been filed to direct the respondent to conduct an investigation and register the First Information Report based on the complaint dated 09.10.2015 made by the petitioner and to file a final report within a period stipulated by this Court.

2. The petitioner has lodged a complaint as against one.Abdul Rahman and his family members who are the adjacent land owners of the petitioner. The said Abdul Rahman and others have received a total sum of Rs.10,00,000/- from the petitioner to obtain patta for her agricultural land, which is situated in S.No.379 to an extent of 3 acres 20 cents at Senkundram. But the counter petitioners neither obtained patta in the name of the petitioner nor repaid the amount. When the petitioner questioned the same, the said Abdul Rahuman and his son in law abused the petitioner in filthy language and threatened him with dire consequences. Hence, the petitioner lodged a complaint on 09.10.2015 before the respondent police against the counter petitioners.

On the receipt of the complaint, C.S.R.No.1201/2015 dated 09.10.2015 has been assigned. But, no action has been taken sofar. Hence, the present criminal original petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

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.1201/2015 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made by the learned counsel for the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent Police to conduct enquiry on the basis of the complaint given by the petitioner dated 09.10.2015 in C.S.R.No.1201/2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible. if no prima facie case is made out for registering the FIR, the respondent is directed to pass an appropriate order on the said complaint.

6.This criminal original petition is disposed of accordingly.

kkd s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, D-6, Maraimalai Nagar Police Station, Maraimalai Nagar, Chennai.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.Amudhan, Advocate SR 6071 msm(co) prk15/2 Crl.O.P.No.1599 of 2016 https://hcservices.ecourts.gov.in/hcservices/