Madras High CourtCRL OP/1610/2016disposed of

S.Kannaki v. The State Rep. By The

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.1610 of 2016 S.Kannaki .. Petitioner .Vs.

The State Rep.by The Inspector of Police, S.7, Madipakkam Police Station, Kizhkattalai, Chennai 600 117.

.. Respondent Criminal Original Petition filed under Section 482 of Cr.P.C.seeking a direction to the respondent to register the FIR on the petitioner's complaint dated 06.01.2016. For petitioner : Mr.R.Sethuvarayar For Respondents : Mr.C.Emalias Addl.Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed to direct the respondent to register the FIR on the petitioner's complaint dated 06.01.2016.

2. The petitioner has lodged a complaint as against one Neelakandan stating that the petitioner has obtained a hand loan of Rs.63,000/- from the above said Neelankandan in the year 2014 and she repaid the above said amount along with interest in the month of November 2015. In spite of the payment of the amount, the said Neelakandan threatened the petitioner to pay more interest. Though the said complaint was lodged on 06.01.2016, no action has been taken on the said complaint till date. Hence, the petitioner has come forward with the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent.

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4. When the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that the complaint was sent by the petitioner only by post. If a fresh complaint is given by the petitioner in person before the Inspector of Police, Madipakkam Police Station, Kizhkattalai, necessary action will be taken.

5. In view of the submission made by the learned Additional Public Prosecutor, the petitioner is directed to give a fresh complaint along with a copy of this order to the Inspector of Police, Madipakkam Police Station, Kizhkattalai, within a period one week from the date of receipt of a copy of this order. On receipt of such complaint, this Court directs the Inspector of Police, Madipakkam Police Station, Kizhkattalai, to conduct enquiry on the complaint of the petitioner and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

6. The Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kkd To 1.The Inspector of Police, S.7, Madipakkam Police Station, Kizhkattalai, Chennai 600 117.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R. Sethuvarayar, Advocate Sr.5380 Crl.O.P.No.1610 of 2016 KJI(CO) Eu 11.02.16 https://hcservices.ecourts.gov.in/hcservices/