Irmia v. The Commissioner Of Police

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.25455 of 2015 Irmia ... Petitioner Vs

1. The Commissioner of Police, St.Thomas Mount, Chennai-600 016.

2. The Inspector of Police, St.Thomas Mount, Chennai-600 016.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the case against the complaint given by the petitioner to the 1st respondent dated 11.08.2015 presently pending before the 2nd respondent. For Petitioner : Mrs.Gajalakshmi Rajendran For Respondents : Mr.C.Emalias Additional Public Prosecutor For Intervener : Mr.K.Shankar & Praveen

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to register the case against the complaint given by the petitioner to the 1st respondent dated 11.08.2015.

2. The petitioner applied for job on 10.06.2014. He was called to attend the interview at DMI office. At the time of interview, other than the salary, nothing was discussed. The management agreed to pay a sum of Rs.45,000/-. After two days, they sent him an offer letter of appointment. Due to his inexperience, the petitioner could not understand some of the incomplete clauses. He was asked to pay a sum of Rs.49,000/- as Air fare. After joining the institution, he went to Zambia where he realised that he was deceived by the management because he was asked to work in the Institute of Virtual and Distance Learning (IVDL) programme. Thereafter, he was sent to St. Joseph University in Tanzania and was forced to work in two https://hcservices.ecourts.gov.in/hcservices/

shifts. Giving three months notice, he came back to India and lodged a complaint. But no action was taken so far. Hence, the present criminal original petition has been filed.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that by filing this complaint, the petitioner is asking for his 7 months salary for which he worked at Zambia. But the allegation made in the complaint is not within the purview of the petition.

4. I have heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondents and also the learned counsel appearing on behalf of the intervener.

5. In view of the submissions made, this Court is of the opinion that it is appropriate to direct the second respondent to conduct an enquiry on the complaint dated 11.08.2015 and dispose it, as early as possible.

6. This criminal original petition is disposed of accordingly. kua Sd/- Assistant Registrar (CS-III) /True Copy/ Sub-Assistant Registrar To

1. The Commissioner of Police, St.Thomas Mount, Chennai-600 016.

2. The Inspector of Police, St.Thomas Mount, Chennai-600 016.

3. The Public Prosecutor, High Court, Madras.

+1 c.c. To MR.Adinarayanarao, Advocate in SR.NO.63649 +1 C.C. To MS.Gajalakshmi Rajendran, Advocate in SR.NO.63604 Crl.O.P.No.25455 of 2015 PVR(CO) sd : 14/12/2015 https://hcservices.ecourts.gov.in/hcservices/