Madras High CourtCRL OP/1636/2016disposed of

Jayachandran 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.1636 of 2016 Jayachandran ... Petitioner Vs The Inspector of Police, B-1, Thiruvallur Town Police Station, Thiruvallur.

... Respondent Criminal Original Petition file under Section 482 Cr.P.C. seeking direction to the respondent's police to register the petitioner's complaint dated 27.11.2015 and file the final report.

For Petitioner :

Mr.S.Jeganraj For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent-police to register a case based on the complaint given by the petitioner, dated 27.11.2015 and file a final report.

2. The petitioner herein lodged a complaint on 27.11.2015 before the respondent-police against one Kandasamy, Velmurugan and Ponmudi stating that due to previous enmity in respect of business, on 26.11.2015 at 10.50 p.m., while the petitioner's sewage lorry bearing Reg.No.TNN 5660 was proceeding, the above said persons way laid the said lorry and damaged the glass and tried to set ablaze the said lorry. The driver and cleaner of the lorry were brutally attacked by them. Since no action was taken so far, the petitioner has come forward with the present criminal original petition. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.439 of 2015 has been assigned and the matter is pending for enquiry. 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 on either side, this Court directs the respondent-police to conduct an enquiry on the basis of the complaint given by the petitioner, dated 27.11.2015 in C.S.R.No.439 of 2015 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 has been made out, the respondent-police is at liberty to pass appropriate order on the complaint given by the petitioner.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ari To

1. The Inspector of Police, B-1, Thiruvallur Town Police Station, Thiruvallur.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Jeganraj, Advocate, S.R.No.5350 Crl.O.P.No.1636 of 2016 MP(CO) CA(16/02/2016) https://hcservices.ecourts.gov.in/hcservices/