Madras High CourtCRL OP/1607/2016disposed of

P.Anand Kumar v. The Inspector Of Police

2016-01-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1607 of 2016 P.Anand Kumar ... Petitioner Vs State rep by its The Inspector of Police, M-6, Manali Police Station, (In crime No.Nil of 2016) C.S.R.No.9 of 2016 Chennai District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the case on file of the complaint dated 13.01.2016 in accordance with law.

For Petitioner : Mr.P.Kalimuthu For Respondent : Mr.C.Emalias, Additional Public Prosecutor.

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O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to register a case, based on the complaint given by the petitioner dated 13.01.2016. 2.The petitioner herein lodged a complaint on 13.01.2016 before the respondent-police as against one Gokulnath and his mother stating that the said counter petitioners damaged one side wall of the petitioner's house, abused the petitioner and his family members and also threatened them with dire consequences. But, till date no action was taken by the respondent-police. Hence, the petitioner has filed the present criminal original petition.

3.The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.9 of 2016 has been assigned and the matter is pending for enquiry. https://hcservices.ecourts.gov.in/hcservices/

4.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

5.In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent-police to conduct enquiry on the complaint of the petitioner dated 13.01.2016 in C.S.R.No.9 of 2016 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent-police 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.

-s/dAssistant Registrar(CSIV) True Copy Sub-Assistant Registrar ari To 1.The Inspector of Police, M-6, Manali Police Station, Chennai District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.P.Kalimuthu Advocate sr.5057 Crl.O.P.No.1607 of 2016 ctk(co) aa01/02/2016 https://hcservices.ecourts.gov.in/hcservices/