K.Vasantha v. The Superintendent 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.28223 of 2015 K.Vasantha .. Petitioner ..vs..

1.The State Rep.by The Superintendent of Police, O/o Superintendent of Police, New Town, Vaniyambadi, Vellore District.

2.The State Rep.by The Sub Inspector of Police, Vaniyabadi Taluk Police Station, Vaniyabadi Taluk, Vellore District.

..Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register the case based on the complaint given by the petitioner on 26.10.2015 to the 1st respondent.

For Petitioner : Mr.Paul Gnanamuthu For Respondents:

Mr.Emalias Additional Public Prosecutor

O R D E R

The present petition has been filed seeking a direction to the second respondent to register a case based on the complaint given by the petitioner dated 26.10.2015. 2.The case of the petitioner is that after finishing the petitioner's agricultural work, the petitioner and her family members entered into their house. At the time, one Jayakumar, Sangeetha, Sridhar, Elumalai, Samikannu, Anumuthu and Govindasamy intercepted the petitioner and her family members and assaulted the petitioner and her husband with vettukathi and wooden log and also threatened them with dire consequences. Immediately, the husband of the petitioner was admitted at Vaniyambadi Government Hospital by calling 108 ambulance service

and thereafter, he was shifted to Vellore Medical College and Hospital for further treatment. Hence, the petitioner lodged a complaint on 26.10.2016 before the first respondent. On receipt of the complaint, C.S.R.No.439 of 2015 has been assigned. Thereafter, no action was taken till date. Hence, the petitioner has filed the present criminal original petition. 3.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 on receipt of the complaint, C.S.R.No.439 of 2015 has been assigned and the matter is pending enquiry.

5. In view of the submissions made by the learned Additional Public Prosecutor, this Court is of the opinion that it is appropriate to direct the second respondent to conduct an enquiry on the complaint dated 26.10.2015 given by the petitioner in C.S.R.No.439 of 2015, if enquiry was not conducted so far and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the second respondent is directed to proceed further in accordance with law, as early as possible.

6. The Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) True Copy Sub Assistant Registrar To 1.The Superintendent of Police, O/o Superintendent of Police, New Town, Vaniyambadi, Vellore District.

2.The Sub Inspector of Police, Vaniyabadi Taluk Police Station, Vaniyabadi Taluk, Vellore District.

3.The Public Prosecutor Madras High Court Chennai +1cc to Mr.S.Paul Gnanamuthu, Advocate sr.64298 Crl.O.P.No.28223 of 2015 srg 21/12/2015