P.Abdul Karim v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.25942 of 2015 P.Abdul Karim

...Petitioner

Vs

1. The Superintendent of Police, Sathuvachari, Vellore.

2. The Deputy Superintendent of Police, Arakkonam Sub-Division, Vellore District.

3. State rep. By The Inspector of Police, Arakkonam Town Police Station, Vellore District.

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register the complaint lodged by the petitioner on 21.09.2015 by due process of law. For Petitioner :

Mr.M.Mohamed Hasain For respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

The present petition has been filed seeking a direction to the respondent to register the complaint lodged by the petitioner on 21.09.2015 by due process of law.

2. The petitioner is a tenant under one Selvam. The allegation of the petitioner is that on account of dispute with regard to payment of rent, the said Selvam locked the premises when the petitioner was out of station. When the petitioner questioned the same, the said Selvam abused him with filthy language. Hence, the petitioner has lodged a complaint. But, till date, the respondent police has not registered any case on his complaint. Hence, the present criminal original petition has been filed.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that already a complaint was lodged by Selvam as against the petitioner and it was registered in Crime No.492/2015 for the offence under sections 294(b), 324, 506(ii) IPC but the present complaint appears to be a counter complaint.

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 gathered indicates commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

5. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vsi To

1. The Superintendent of Police, Sathuvachari, Vellore.

2. The Deputy Superintendent of Police, Arakkonam Sub-Division, Vellore District.

3. The Inspector of Police, Arakkonam Town Police Station, Vellore District.

4. The Public Prosecutor, High Court, Madras.

1 CC to Mr.M.Mohamed Hasain, Advocate SR.No. 60833 Crl.O.P.No.25942 of 2015 AR II (CO) PSI (23.11.2015)