Madras High CourtCRL OP/24613/2015closed

K.Easwaran v. State Rep. By

2015-11-18Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.24613 of 2015 K.Easwaran ... Petitioner Vs State represented by, Inspector of Police, Periamet Police Station, Chennai.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register FIR based on the complaint given by the petitioner dated 08.09.2015. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondent : Mr.C.Emalias, APP

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to register FIR on the petitioner's complaint dated 08.09.2015.

2. In the petition, it has been stated that the petitioner's ancestors had built a Perumal temple 90 years back and now, the petitioner and their family members are maintaining the temple. In the year 1987, the petitioner's family members had constructed Sri Muthamman temple with simbam and balipeedam and regular poojas were also conducted. One Mohan and Elumalai belong to the same area, broke open the room in the temple and had stolen the idol on 31.08.2015. Hence, the petitioner lodged a complaint on 08.09.2015 with the respondent police. But, till date, no action has been taken by the respondent police. Hence, the present criminal original petition has been filed.

3. Learned Additional Public Prosecutor submitted that already a similar complaint was given to the Inspector of Police [Crimes] and on enquiry, the said complaint was closed.

4. Learned counsel for the petitioner submitted that since no action was taken on the earlier complaint, he sought for a direction in the present criminal original petition. https://hcservices.ecourts.gov.in/hcservices/

5. Irrespective of the said submissions made on either side, this Court directs the respondent police to conduct an enquiry on the complaint dated 08.09.2015 given by the petitioner, and proceed further in accordance with law, as early as possible. If no prima facie case has been made out, the respondent police is directed to pass appropriate orders on the complaint.

This criminal original petition is ordered accordingly. gya s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Periamet Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

kgk(co) prk9/12 Crl.O.P.No.24613 of 2015 https://hcservices.ecourts.gov.in/hcservices/