George Selwyn Lebonan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 30.10.2015 DELIVERED ON : 05.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.23175 of 2015 George Selwyn Lebonan .. Petitioner Vs 1.The Superintendent of Police Vellore Vellore District.

2.The Inspector of Police Virthuamput Police Station Katpadi Vellore District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to register the FIR on the complaint dated 09.04.2015 and investigate the same and file the Final Report. For Petitioner Mr.M.Sathishkumar For Respondents Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register the FIR on the complaint dated 09.04.2015 and investigate the same and file the Final Report.

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

3. The petitioner sent a complaint dated 09.04.2015 to the Superintendent of Police, Vellore alleging that one Ramesh and Gandhi are in illegal occupation of the front portion of his house and are constantly threatening him by giving false cases against him.

4. On the failure of the Superintendent of Police to take action on his complaint, the petitioner is before this https://hcservices.ecourts.gov.in/hcservices/

Court for a direction to the police to register an FIR on his complaint and take action against the said two persons.

5. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that the said Ramesh is none other than the brother-in-law of the petitioner and that the police have registered several cases against this petitioner for various offences, namely Cr.No.538 of 2012, Cr.No.551 of 2012 and Cr.No.1116 of 2013. From the police enquiry it reveals that, it is this petitioner who was on the wrong and has been harassing the said Ramesh. This Court carefully perused the complaint dated 09.04.2015 and observed that it does not inspire the confidence of this Court and it has been preferred only as a counter blast to the prosecution faced by the petitioner. Therefore, no direction can be issued to the police for registering any FIR. In the result, this petition is devoid of merits and the same is dismissed.

Sd/ ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB-ASSISTANT REGISTRAR gms To 1.The Superintendent of Police Vellore Vellore District.

2.The Inspector of Police Virthuamput Police Station Katpadi Vellore District.

3.The Public Prosecutor High Court, Madras.

Pre-delivery order in Crl.O.P.No.23175/2015 CO-BVR JD 08/12/2015 https://hcservices.ecourts.gov.in/hcservices/