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Madras High CourtCRL OP/1704/2016disposed of

N.Radha @ Radhakrishnan v. The Commissioner Of Police

2016-01-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1704 of 2016 N.Radha @ Radhakrishnan ... Petitioner Vs 1.The Commissioner of Police, Veperi, chennai.

2.The Sub Inspector of Police, Virugambakkam Police Station, Chennai.

... Respondents Criminal Original Petition file under Section 482 Cr.P.C. seeking a direction to the respondent to register the case on the complaint dated 22.10.2015 given by the petitioner to the 2nd respondent against the named person. For Petitioner : Mr.P.Vijendran For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the 2nd respondent to register a case on the basis of the complaint given by the petitioner dated 22.10.2015 against the named person.

2.The case of the petitioner is that the petitioner is the President of Cine and TV Drivers Association. He had a wife and two children. On 21.10.2016, having been informed that his wife had attempted to commit suicide by consuming heavy dosage of sleeping tablets, he rushed to his home and admitted his wife in M/s Suriya Hospital as in patient. She was given treatment and thereafter, she was recovered. According to the petitioner, his wife attempted to commit suicide because of the threat made by one Mrs.Vijaya @ Vijayamami, Vijai Santhi Apartments, Virugambakkam, Chennai with regard to returning the loan amount of Rs.50,000/- with interest. Further, according to the petitioner, the said Vijaya @ Viajayamami is money lender and she used to collect exorbitant interest. In this regard, he gave a complaint to the respondents police on 22.10.2015. On https://hcservices.ecourts.gov.in/hcservices/

receipt of the same, C.S.R.No.915 of 2016 has been assigned. But, till date no action was taken. Hence, the petitioner has come forward with the present criminal original petition. 3.The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.915 of 2015 has been assigned and the matter is pending for enquiry. 4.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

5.In view of the submissions made on either side, this Court directs the 2nd respondent-police to conduct enquiry on the basis of the complaint given by the petitioner dated 22.10.2015 in C.S.R.No.915/2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the 2nd respondent-police is directed to proceed further in accordance with law, as early as possible. If no prima facie case has been made out, the 2nd respondent-police is at liberty to pass appropriate order on the complaint given by the petitioner.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ari To 1.The Commissioner of Police, Veperi, chennai.

2.The Sub Inspector of Police, Virugambakkam Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P. Vijendran, Advocate Sr.5935 Crl.O.P.No.1704 of 2016 NM(CO) Eu 12.02.16 https://hcservices.ecourts.gov.in/hcservices/