J.Reji Thomas, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.9.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22528 of 2018 J.Reji Thomas

...Petitioner

Vs.

1.The Superintendent of Police, Office of The Superintendent of Police, Erode District.

2.The Deputy Superintendent of Police, Office of The Deputy Superintendent of Police, Erode District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register a case based on the complaint lodged by the petitioner on 11.09.2018.

For Petitioner :Mr.M.Anaimuthu Raja For Respondents :M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to register a case based on the complaint given by the petitioner dated 11.09.2018.

2.The learned counsel for the petitioner has submitted that the petitioner is running a Spa in the name and style of Rose Petals spa Brindavanam Hotel Complex, Erode. He further submitted that the proposed accused persons have threatened the petitioner to close the Spa and hence, the petitioner has sent a complaint to the respondents by Registered Post on 11.09.2018, but, so far, no action has been taken.

3.The learned Public Prosecutor has submitted that the petitioner has not given any complaint to the concerned police station, on the contrary, he has sent complaints to the respondents by Registered Post and hence, no action has been taken by the concerned Inspector of Police.

https://hcservices.ecourts.gov.in/hcservices/

4. It is not disputed that the petitioner has sent a complaint to the respondents by Registered Post on 11.09.2018. Therefore, the first respondent is directed to forward the said complaint to the jurisdictional police station. On receipt of the said complaint, the concerned Inspector of Police has to enquire the same and if the enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, the respondent has to direct the petitioner to approach the Civil Court to get appropriate relief.

5.With the aforesaid directions, this Criminal Original Petition is disposed of.

vji/vsa Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Office of The Superintendent of Police, Erode District.

2.The Deputy Superintendent of Police, Office of The Deputy Superintendent of Police, Erode District.

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.M.Anaimuthu Raja, Advocate S.R.No.65874 KR/26/10/2018 CRL.O.P.No.22528 of 2018 https://hcservices.ecourts.gov.in/hcservices/