A.Ramu v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH CRL.O.P.No.27002 OF 2015 A.Ramu

...Petitioner

/vs/ 1.The Deputy Commissioner of Police, Perambur Barracks Road, Pulianthope Circle, Chennai 600 012.

2.State rep.by The Inspector of Police, P-6 Kodungaiyur Police Station, Chennai 600 118.

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent to register the complaint dated 01.10.2015 with appropriate C.S.R and file F.I.R. on the file of the said complaint and to do necessary enquiry and investigation on the said complaint dated 01.10.2015 as per law and to file a final report before the Court of competent jurisdiction in the aforesaid matter. For Petitioner :

Mr.M.Sugan For Respondents :

Mr.C.Emalias, APP

O R D E R

This petition has been filed seeking a direction to the second respondent to register a case based on the complaint dated 01.10.2015 and to file a final report before the competent Court.

2.It is stated that the petitioner is doing real estate business in the name and style of Sri Ganesh Real Estate for the past few years. The petitioner asked one K.Jeyanthi, who is doing illegal activities by the name beauty parlour to stop doing the said illegal activities. Inspite of that, on 30.09.2015, her husband and other 10 unknown persons came to the petitioner's office around 07.30 p.m and scold him in filthy language and also threatened him as they would kill him, if the petitioner again come and ask about the illegal activities of the accused. On 01.10.2015, the petitioner made a complaint to the second respondent. After receiving the said complaint, the second respondent has neither assigned any CSR nor registered First Information Report. Again, the petitioner made complaint to the first respondent through registered post and the same was duly received by the first respondent on 01.08.2015. But, till date either the first respondent or the second respondent has not taken any action. Hence, the present criminal original petition has been filed.

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 petitioner to submit a fresh copy of the complaint along with a copy of this order to the 2nd respondent within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the 2nd respondent is directed to enquire the matter and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the 2rd respondent is directed to proceed further in accordance with law, within a period of three(3) months from the date of receipt of a the complaint.

5.With the above direction, this petition is disposed of.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar

ari To 1.The Deputy Commissioner of Police, Perambur Barracks Road, Pulianthope Circle, Chennai 600 012.

2.The Inspector of Police, P-6 Kodungaiyur Police Station, Chennai 600 118.

3.The Public Prosecutor, High Court, Madras.

1 CC to Mr.M.Sugan, Advocate SR.No.60311 Crl.O.P.No.27002 of 2015 RV (CO) PSI (24.11.2015)