P. Thirumalai v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27447 of 2015 P.Thirumalai ... Petitioner Vs.

1. The Superintendent of Police Thiruvannamalai Thiruvannamali District 2.The Deputy Superintendent of Police Polur Camp Office Polur Taluk Tiruvannamalai District

3. The Inspector of Police Chetpet Police Station Chetpet, Chetpet Taluk Tiruvannamali District ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the third respondent to register a case on the basis of the complaint dated 16.06.2015 and file a final report within the stipulated period fixed by this Court. For Petitioner :

Mr.R.Subramaniam For Respondents:

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the third respondent to register a case based on the complaint given by the petitioner dated 16.06.2015 and to file a final report within the stipulated period fixed by this Court.

2. The petitioner herein lodged a complaint on 16.06.2015 as against one Naresh Kumar, Andan and Selvam on the allegation that they have stolen the wires from the motor pump set fixed in the property belonging to the petitioner for the purpose of https://hcservices.ecourts.gov.in/hcservices/

irrigation, when a civil suit is pending between the parties. Since no action was taken on the said complaint, the petitioner came forward to file this petition.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing respondents.

4. The learned Additional Public Prosecutor submitted that on receipt of the complaint, C.S.R.No.328 of 2015 has been assigned and the matter is pending enquiry.

5. Considering the rival submissions, this Court directs the third respondent to conduct an enquiry on the complaint given by the petitioner dated 16.06.2015, if enquiry was not conducted so far and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the third respondent is directed to proceed further in accordance with law, as early as possible.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gpa To

1. The Superintendent of Police Thiruvannamalai Thiruvannamali District 2.The Deputy Superintendent of Police Polur Camp Office Polur Taluk Tiruvannamalai District

3. The Inspector of Police Chetpet Police Station Chetpet, Chetpet Taluk Tiruvannamali District 4.The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.R. Subramanian, Advocate SR.62440 Crl.O.P.No.27447 of 2015 SV(CO) Eu 14.12.15 https://hcservices.ecourts.gov.in/hcservices/