M/S Great Industrial v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28020 of 2015 M/s.Great Industrial Constructions Pvt. Ltd.

Rep. By its Managing Director, Mrs.Aninditha Mitra, No.8/42, Maharaja Surya Road, Alwarpet, Chennai - 600 018.

... Petitioner Vs 1.The Commissioner of Police, No.132, Commissioner Office building, EVK Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector of Police, F3 Police Station, Nungambakkam, Chennai.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent to register FIR on the complaint of the Petitioner dated 26.10.2015 bearing C.No.3244 of 2015, pending on the file of the second respondent, investigate the same and proceed in accordance with law.

For Petitioner : M/s.AAV Partners 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 second respondent to register a case on the complaint of the Petitioner dated 26.10.2015 bearing C.No.3244 of 2015, pending on the file of the second respondent, investigate the same and proceed in accordance with law.

2.The petitioner lodged a complaint as against Sridhar and Jayalakshmi stating that the petitioner is the Managing Director of the company. The petitioner company is rented a premises of the above said Sridhar and Jayalakshmi. The premises was furnished to their office requirement to the tune of Rs.8 lakhs and the same was peacefully functioning till June 2015. On June 2015, on a rental issue of their Co-Director Company, the said Sridhar had cut the basic amenities of their premises and had chased their staff's with the help of goondas by using illegal influences. Hence, the petitioner lodged a complaint before the respondent police. But, no action has been taken sofar. Hence, the petitioner has filed 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 respondents.

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

5.The learned counsel appearing for the petitioner submitted that the complaint has been given to the first respondent and the same was forwarded to the second respondent. Hence, he sought for direction.

6.In view of the submissions made on either side, this Court directs the petitioner to give a fresh complaint along with the copy of this order before the second respondent police 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 upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

7. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vs/ari

To 1.The Commissioner of Police, No.132, Commissioner Office building, EVK Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector of Police, F3 Police Station, Nungambakkam, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.AAV Partners, Advocate, sr.63979 Crl.O.P.No.28020 of 2015 rv co kra 30.12.2015s