Madras High CourtCRL OP/27791/2015dismissed

S.Kumaresh v. The Superintendent Of Police

2015-11-18Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27791 of 2015 S.Kumaresh ... Petitioner Vs

1. The State Rep. By The Superintendent of Police Kancheepuram District Kancheepuram 2.The Inspector of Police B-5, Walajabad Police Station Kancheepuram District ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the petitioner's complaint dated 14.09.2015 and to file a final report.

For Petitioner :

Mr.K.Balaji 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 respondents to register the complaint given by the petitioner dated 14.09.2015 and also to file a final report.

2. The petitioner herein has given a complaint as against one Srinivasan stating that the said Srinivasan teased the petitioner's sister and when the petitioner and his family members questioned the said Srinivasan, his owner Mr.Vinobaji intervened and supported his driver Srinivasan. Thereafter,on 11.09.2015, the said Vinobaji and Srinivasan along with their henchmen entered into the petitioner's house with deadly weapon and attacked the petitioner, his mother and his cousin brother https://hcservices.ecourts.gov.in/hcservices/

and also threatened them with dire consequences. Hence, the petitioner lodged a complaint on 14.09.2015. Since no action was taken by the second respondent, the petitioner came forward to file this petition.

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

4. The learned Additional Public Prosecutor submitted that this petitioner is an accused in Crime No.348 of 2015, for alleged offences punishable under Sections 147, 148, 324 and 506 (ii) IPC and Section 3 of the TNPPDL Act, registered based on the complaint lodged by Vinobaji and after registering the said complaint, the present complaint has been given by the petitioner. Hence, after enquiry, the complaint given by the petitioner was closed as a mistake of fact.

5. Since the complaint given by the petitioner has already been closed, I am of the considered opinion that nothing survives for adjudication in this petition. Accordingly, this petition is dismissed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gpa To The Superintendent of Police Kancheepuram District Kancheepuram 2.The Inspector of Police B-5, Walajabad Police Station Kancheepuram District 3.The Public Prosecutor High Court, Madras.

Crl.O.P.No.27791 of 2015 ad co kra 04.12.2015 https://hcservices.ecourts.gov.in/hcservices/