A.Arun Kumar v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27342 of 2015 A.Arun Kumar ... Petitioner Vs 1.State of Tamil Nadu, rep. by The Assistant Commissioner, 2.State of Tamil Nadu, The Inspector of Police, ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to file an FIR in respect of the complaint dated 28.10.2015, complete the investigation and to file a final report within a time to be fixed by this Court.

For Petitioner :

Mr.L.Vinoth For Respondents :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the second respondent to file an FIR in respect of the complaint dated 28.10.2015, complete the investigation and to file a final report within a time to be fixed by this Court.

2. In the petition, it is averred that the petitioner is running a business in the name and style of Sri Annamalaiar Modern Rice Agro Tech Industry. The petitioner is doing the

said business along with one Dhandhapani for the past 20 years. The said Dhandhapani has failed to clear the bills from December, 2013 to March, 2014, for which he has to pay a sum of Rs.4,40,000/-. When the petitioner asked the said Dhandhapani to pay the said amount, he started to abuse the petitioner in filthy language and also threatened him. Hence, the petitioner lodged a complaint before the second respondent police on 28.10.2015. But, till date, no action has been taken on the said complaint. Hence, the petition.

3. Learned Additional Public Prosecutor submitted that the matter is purely civil in nature. However, the complaint lodged by the petitioner dated 28.10.2015 has been assigned CSR Number as C.S.R.No.770 of 2015.

4. Learned counsel appearing for the petitioner denied the submission made by the learned Additional Public Prosecutor and submitted that a specific allegation has been made out against the accused person that he has threatened the petitioner with dire consequences.

5. Considering the facts and circumstances of the case and considering the fact that the complaint lodged by the petitioner dated 28.10.2015 has been assigned CSR Number as C.S.R.No.770 of 2015, without going into the merits of the submission made by either side, this Court directs the second respondent to conduct enquiry in C.S.R.No.770 of 2015 and dispose of the same in accordance with law, as early as possible, preferably within two months from the date of receipt of a copy of this order. This criminal original petition is disposed of accordingly.

sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR sbi To 1.The Assistant Commissioner,

2.The Inspector of Police, 3.The Public Prosecutor, High Court, Madras.

+1 CC to MR.L.Vinoth Advocate. SR.NO. 61027 Crl.O.P.No.27342 of 2015 CO-CTK JD 06/11/2015