Sivamani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.25890 of 2015 Sivamani ... Petitioner Vs The Inspector of Police, Thirumangalam Police Station, Thirumangalam, Chennai.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register a case based on the complaint lodged by the petitioner dated 10.10.2015 and investigate the same according to law.

For Petitioner :

Mr.K.Thenrajan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the respondent to register the complaint given by the petitioner dated 10.10.2015 and to investigate the same in accordance with law.

2. In the petition, it has been stated that the petitioner is residing at No.24/29, Shivaji Street, G.K.M. Colony, Chennai - 82. Since there was a previous enmity between the petitioner and one Akash and his mother Vanitha, on 10.10.2015, when the petitioner went to see her sister, near the S.B.O.A. School, the petitioner was waylaid by the said Akash and his mother Vanitha and they have also threatened the petitioner with dire consequences. Hence, the petitioner lodged a complaint on 10.10.2015 and C.S.R.No.1104 of 2015 has been assigned. But till date no action was taken. Hence, the present criminal original petition has been filed.

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

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4. When the matter was taken up, the learned Additional Public Prosecutor submitted that since the petitioner is not cooperating with the enquiry, the respondent police is not in a position to proceed with the enquiry.

5. In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent to conduct enquiry on the complaint of the petitioner dated 10.10.2015 in C.S.R.No.1104 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law. The petitioner is also directed to co-operate with the enquiry.

6. This criminal original petition is disposed of accordingly.

vrc/vsm -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Thirumangalam Police Station, Thirumangalam, Chennai.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Thenrajan, Advocate SR 60668 msm(co) prk25/11 Crl.O.P.No.25890 of 2015 https://hcservices.ecourts.gov.in/hcservices/