P.Saravanan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27997 of 2015 P.Saravanan ... Petitioner Vs

1. The Commissioner of Police, O/o. The Commissioner of Police, Poonamallee High Road, Vepery, Chennai - 600 007.

2. The Inspector of Police, (Law & Order) K-10 Police Station, Koyambedu, Chennai - 600 107.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the The Inspector of Police, K-10 Police Station, Koyambedu, Chennai, the second respondent herein to Register the case on the basis of the petitioner's complaint dated 10.08.2015 vide C.No.2329/COP/Visitors/2015 dated 10.08.2015 on the file of the first respondent herein. For Petitioner : Mr.Dalit Tiger C.Ponnusamy For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondent to the second respondent to Register the case on the basis of the petitioner's complaint dated 10.08.2015 vide C.No.2329/COP/Visitors/2015 dated 10.08.2015 on the file of the first respondent herein.

2. The petitioner is residing at Door No.16, second Street, Ramalinga Nagar, Nerkundram, Chennai - 600 107 along with wife Kokila and his son Janis. He is hailing from the Hindu Arunthathiyar community. He used to park his TaTa AC van in front of his residence. But to his shock and surprise, on 06.08.2015, at about 9.30 a.m., the two sons of one

Mr.Venkatesan, who is residing at No.34, 11th Street, Krishna Nagar, Nerkundram, Chennai - 600 107, viz., Kumar and Sivalingam and two other persons, urged the petitioner to move his van from there. When the petitioner went to remove the van, the said Sivalingam scolded the petitioner in unparliamentary words and they assaulted the petitioner with iron rod and caused injuries to the petitioner. When the wife of the petitioner questioned the said persons, they scolded his wife also in filthy language. Immediately the petitioner lodged a complaint with the first respondent and the same was forwarded to the second respondent. But no action was taken till date. 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 respondent.

4. The learned Additional Public Prosecutor submitted that as the complaint was lodged with the first respondent, if a direction is given to the petitioner to give a fresh complaint, necessary action will be taken.

5. In view of the submissions made on either side, this court directs the petitioner to give a fresh complaint along with medical records of his treatment, to the second 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 second respondent is directed to conduct enquiry and proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

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

To

1. The Commissioner of Police, O/o. The Commissioner of Police, Poonamallee High Road, Vepery, Chennai - 600 007.

2. The Inspector of Police, (Law & Order) K-10 Police Station, Koyambedu, Chennai - 600 107.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. Dalit TigerC. Ponnusamy, Advocate SR.63126 Crl.O.P.No.27997 of 2015 SVI(CO) Eu 15.12.15