Mr.Venkatesan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27697 of 2015 Venkatesan ... Petitioner Vs 1.The State rep by The Superintendent of Police, Office of the Superintendent of Police, Villupuram District, Tamil Nadu.

2.The Inspector of Police, Gingee Police Station, Villupuram District, Tamil Nadu.

3.The Sub Inspector of Police, Gingee Police Station, Villupuram District, Tamil Nadu.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 3rd respondent to register the FIR (First Information Report) on the petitioner's complaint dated 25.10.2015 by strictly following ratio/guide lines laid down/framed by the Hon'ble Apex Court Court in Lalithakumari's case reported in 2014 (6) CTC 353.

For Petitioner :

Mr.Prakash Adiapadam 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 3rd respondent to register a case on the basis of the complaint given by the petitioner dated 25.10.2015 and to investigate the same in accordance with law.

2. The petitioner herein lodged a complaint as against one Kasiraja, Rajamanickam and Radhakrishnan stating that they have trespassed into the petitioner's property and also abused and https://hcservices.ecourts.gov.in/hcservices/

threatened the petitioner with dire consequences. Though the said complaint was given on 25.10.2015, till date no action was taken. Hence, the present criminal original petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.416 of 2015 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the 3rd respondent to conduct enquiry on the complaint of the petitioner dated 25.10.2015 in C.S.R.No.416 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the 3rd respondent is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsm To 1.The Superintendent of Police, Office of the Superintendent of Police, Villupuram District, Tamil Nadu.

2.The Inspector of Police, Gingee Police Station, Villupuram District, Tamil Nadu.

3.The Sub Inspector of Police, Gingee Police Station, Villupuram District, Tamil Nadu.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Prakash, Adiapatham, SR.62672 NM(CO) EU(14/12/2015) Crl.O.P.No.27697 of 2015 https://hcservices.ecourts.gov.in/hcservices/