P.Muthukumar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.25527 of 2015 K.Muthuraman ... Petitioner Vs

1. State by Inspector of Police (L&O), C-1 Flower Bazaar Police Station, Chennai.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent police to register a case for th various cognizable offences on the basis of the complaint dated 21.09.2015 against the persons named in the complaint.

For Petitioner : Mr.K.Shivakumar 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 for the various cognizable offences on the basis of the complaint dated 21.09.2015 against the persons named in the complaint.

2. The petitioner is doing flower retail business at No.7/2, Badrian Street, Chennai - 600 001 from the year 2007 onwards. The petitioner is a tenant under one A.Syed Ibrahim from the year 2007 on a monthly rent of Rs.5000/- measuring an extent of 500 sq. feet and regularly paying the monthly rent from the year 2007 to August 2015 without any default. In the

month of January 2015, the said Syed Ibrahim has enhanced rental advance to Rs.2,00,000/- and also enhanced the rent to Rs.20,000/- per month. But the petitioner refused to accept the same. Hence, the said Syed Ibrahim frequently picked up quarrel with the petitioner. In the month of February 2015, the said Syed Ibrahim came along with 20 henchmen to the shop of the petitioner and threatened to evict the petitioner from the premises. Immediately, the petitioner has lodged a complaint with the respondent police on 09.02.2015 and C.S.R.No.113 of 2015 has been assigned to the complaint of the petitioner.

3. Again on 21.09.2015, at about 12.00 noon, the said Syed Ibrahim along with 20 anti social elements trespassed in to the shop of the petitioner and by stating that they are Jamath people, abused the petitioner with unparliamentary words. Immediately, the petitioner has sent a complaint dated 21.09.2015 to the respondent police by RPAD. But, till date, the respondent police has not taken any action on his complaint. Hence, the present criminal original petition has been filed.

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

5. The learned Additional Public Prosecutor submitted that the petitioner is in the habit of lodging complaints frequently before the respondent police and in fact, the petitioner's complaint has already been closed, since the parties have compromised among themselves and he has also produced the closure report.

6. In view of the submissions of the learned Additional Public Prosecutor that the complaint has already been closed, nothing survives in this petition and this petition is dismissed with liberty to the petitioner to work his remedy under section 156(3) of Cr.P.C., if he so desires. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vrc

To

1. Inspector of Police (L&O), C-1 Flower Bazaar Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Shivakumar, Advocate, S.R.No.62092 Crl.O.P.No.25527 of 2015 TM(CO) CA(08/12/2015)