Madras High CourtCRL OP/25538/2015disposed of

Mr. John Alfred v. State Rep. By The Director

2015-11-03Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.25538 of 2015 M.John Alfred rep.by his Power Agent M.Sekaran .. Petitioner ..vs..

1. The State represented by The Director General of Police Mylapore Chennai - 600 004

2. The Commissioner of Police Vepery Chennai - 600 007

3. The Inspector of Police J-7 Police Station Velachery Chennai - 600 042 ..Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to direct the third respondent to register FIR against accused in petitioner's complaint dated 21.09.2015 and file a charge sheet in appropriate forum.

For Petitioner : Mr.P.Murali For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present petition has been filed seeking a direction to the third respondent to register a case based on the complaint given by the petitioner dated 21.09.2015.

2. The petitioner herein lodged a complaint through his Power of Attorney Sekaran against one Arul and Satheesh stating that they trespassed into the property of the petitioner and trying to put a construction. Though the said complaint was lodged as early as on 21.09.2015, till date no action was taken

by the respondent. Hence, the petitioner came forward to file this petition.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. Considering the submissions made on either side, this Court is of the opinion that it is appropriate to direct the third respondent to conduct an enquiry on the complaint dated 21.09.2015 given by the petitioner, if enquiry was not conducted so far and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the third respondent is directed to proceed further in accordance with law, as early as possible preferably within a period of two months from the date of receipt of a copy of this order.

5. The Criminal Original Petition is disposed of accordingly.

-Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gpa To

1. The Director General of Police Mylapore Chennai - 600 004

2. The Commissioner of Police Vepery Chennai - 600 007

3. The Inspector of Police J-7 Police Station Velachery Chennai - 600 042

4. The Public Prosecutor Madras High Court +1 cc to Mr.P.Murali Advocate sr.60581 Crl.O.P.No.25538 of 2015 aa18/11/2015