Madras High CourtCRL OP/22334/2018disposed of

Kuppan, v. State Rep. By

2018-09-18Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22334 of 2018 Kuppan ... Petitioner Vs.

State rep.by Inspector of Police, Sivakanchi Police Station, Big Kanchipuram, Kanchipuram District. ...Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to register the FIR on the basis of Complaint dated 21.04.2018.

For Petitioner : Mr.C.Samadharma Arasu For Respondent : Ms.M.Prabhavathi Addl.Public Prosecutor (Crl.side)

O R D E R

This petition has been filed to direct the respondent to register a case based on the complaint given by the petitioner dated 21.04.2018.

2. The learned counsel for the petitioner has submitted that the petitioner is a tenant under one Devika. He further submitted that the said Devika without filing any Rent Control Original Petition (RCOP), compelled the petitioner to vacate the premises and also used filthy language and criminally intimidated him. Hence, the petitioner has lodged a complaint before the respondent on 21.04.2018, but so far, no action has been taken.

3. The learned Additional Public Prosecutor (Crl.Side) has submitted that the petitioner has not sent any complaint to the respondent and she further submitted that only an advocate has sent a notice and based on the same, no action can be taken.

4. Considering the aforesaid submissions, since the petitioner has not lodged a complaint, this petition is not https://hcservices.ecourts.gov.in/hcservices/

maintainable. The petitioner is directed to lodge a complaint before the respondent and if any such complaint is lodged , the respondent is directed to enquire the same and if the said enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, he has to direct the petitioner to approach the civil court and get appropriate relief. 5.With the aforesaid observations, this petition is disposed of. Sd/- Deputy Registrar //True copy// Sub Assistant Registrar msrm To 1.The Inspector of Police, Sivakanchi Police Station, Big Kanchipuram, Kanchipuram District.

2. The Public Prosecutor High Court of Madras.

+1cc to Mr.C.Samadharma Arasu, Advocate SR.No.64736 Crl.O.P.No.22334 of 2018 GMY(26/10/2018) https://hcservices.ecourts.gov.in/hcservices/