P.Munusamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.28190 of 2015 P.Munusamy .. Petitioner ..vs..

1. The Inspector of Police Sangarapuram Police Station Villupuram District 2.The Superintendent of Police Villupuram Villupuram District ..Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to register a case based on the complaint dated 17.10.2015 lodged by the petitioner. For Petitioner : Mr.Y.Arul Manickam For Respondents:

Mr.Emalias Additional Public Prosecutor

O R D E R

The present petition has been filed seeking a direction to the first respondent to register a case based on the complaint lodged by the petitioner dated 17.10.2015.

2. The petitioner herein has lodged a complaint as against his tenant.

3. The case of the petitioner is that he purchased a property measuring about 1320 sq.ft and constructed a building thereon. His sister Pachaiammal was permitted to occupy one portion of the premises for monthly rent of Rs.500/-. The said Pachaiammal failed to pay the rent for sometime. Hence, the petitioner was constrained to file a police complaint on 17.04.2010. However, FIR was not registered. Hence, the petitioner filed a petitioner before this Court in Crl.O.P.No.21046 of 2012.

Though order was passed on 15.11.2012, no action was taken by the respondent police under https://hcservices.ecourts.gov.in/hcservices/

the excuse that a civil suit in O.S.No.71 of 2010 filed by the said Pachaiammal was pending before District Munsif Court, Sankarapuram. Though the said suit was dismissed by the learned Magistrate, Pachaiammal and her husband refused to vacate the premises. In the year 2015, the petitioner and his wife requested Pachaiammal to vacate the house since she swindled the amounts collected from other tenants. At the end of first respondent's enquiry on C.S.R.No.140/2015 issued to the complaint lodged by the petitioner, the said Pachaiammal and her husband gave an undertaking to vacate the premises in 15 days. While so, on 16.10.2015, when the petitioner and his wife were staying in one of the portions in the said premises, at the instigation of Pachaimmal and Natarajan, the tenants in the premises joined together and assaulted them. Again a complaint was lodged on 17.10.2015 and the same was registered in C.S.R.No.162 of 2015. Though the said complaint was lodged on 17.10.2015, so far no action has been taken by the respondents. Hence, the petitioner came forward to file this petition.

4. Today, when the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that on receipt of the complaint, enquiry was conducted and the same was closed as the petitioner has not appeared for enquiry.

5. The learned counsel for the petitioner denies the same.

6. Since the complaint has already been closed, this Court cannot give any specific direction. Hence, recording the submission of the Additional Public Prosecutor, this petition is closed. However, the petitioner is at liberty to work out his remedy under Section 156(3) Cr.P.C.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar kua To

1. The Inspector of Police Sangarapuram Police Station Villupuram District 2.The Superintendent of Police Villupuram Villupuram District

3. The Public Prosecutor Madras High Court Chennai +1 cc to M/s.Y.Arulmanickam, Advocate, sr.63496 sai co, kra 10.12.2015 Crl.O.P.No.28190 of 2015 https://hcservices.ecourts.gov.in/hcservices/