S.Srinivasan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.173 of 2016 S.Srinivasan ... Petitioner Vs

1. The Inspector of Police, Kattur Police Station [Crime], Dr.Nanjappa Road, Coimbatore - 18.

2. The Commissioner of Police, Coimbatore.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the complaint filed by the petitioner dated 28.12.2015 and investigate the matter against the accused.

For Petitioner :

Mr.S.Ramajayam 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 register the complaint filed by the petitioner dated 28.12.2015 and investigate the matter against the accused.

2. The petitioner is the owner of Animato, an Institute of Multimedia, situated at No.397, Ponne Street, Gandhipuram, Coimbatore. The petitioner appointed one Dinesh Kumar as servant of his institute. During the course of his employment, the said Dinesh Kumar forged the signature of the petitioner in the lease agreement and collected funds and stolen the institute materials. Further, the said Dinesh Kumar played fraud on the institute customers, as if he is the owner of the institute and cheated the petitioner. Therefore, the petitioner lodged a complaint before the first respondent. But no action has been taken on the said complaint till date. Hence, the

petitioner has come forward with the present criminal original petition.

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 sent by post, if the petitioner gives 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 relevant documents within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1.

6. This criminal original petition is disposed of accordingly.

-s/dAssistant Registrar(CSIV) dt:22/01/2016 True Copy Sub-Assistant Registrar vrc To

1. The Inspector of Police, Kattur Police Station [Crime], Dr.Nanjappa Road, Coimbatore - 18.

2. The Commissioner of Police, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Ramajayam Advocate sr.1029 Crl.O.P.No.173 of 2016 rsy(co) aa22/01/2016