Dayalan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15029 of 2020 Dayalan, 43 years, S/o.Munian, No.335, Kakkan Street, Ayapakkam Village, Thirukalukundram Taluk, Chengalpattu District.
...Petitioner
Vs 1.The Superintendent of Police, Chengapattu District, Chengalpattu.
2.Saravanan, S/o.not known, Sub Inspector of Police, Koovathur Police Station, Chengalpattu District.
...Respondents
Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to direct the 1st respondent to consider the representation of the petitioner dated 29.07.2020 in accordance with law by invoking the provisions Under 151 PSO and deal with him in accordance with law.
For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
This petition has been filed for direction directing the 1st respondent to consider his representation dated 29.07.2020 in accordance with law by invoking the provisions Under 151 PSO. 2.The learned counsel appearing for the petitioner submitted that a the false complaint was foisted as against the petitioner in Crime No.13 of 2020 on the file of the Inspector of Police, Koovathur Police Station, Chengalpattu District. On the said false complaint lodged by the 2nd respondent herein, fifteen police constables came to his residence and taken to him
to the police station. The 2nd respondent thereby broke open the bureo in the petitioners house and removed house patta, 6 grams gold, Rs.22,000/- cash, car key, bullet key, costly cell phone and RC books of vehicles. Therefore, the petitioner lodged a complaint as against the 2nd respondent on many occasion for taking appropriate action as against the 2nd respondent herein. After receipt of the same, no action has been taken as against the 2nd respondent.
3.Per Contra, the learned Additional Public Prosecutor submitted that the petitioner is a habitual offender and he is also a history sheeter. So far he was involved so many cases and for the occurrence dated 22.01.2020, a complaint lodged by one Kailash, the Inspector of Police, Koovathur Police Station, Chengalpattu District registered the FIR in Crime No.13 of 2020 for the offences punishable under Sections 341, 294(b), 323 and 506(i). Now, the investigation is pending. Only to escape from the clutches of law now the petitioner is being habitual offender sent representation with false allegations as against the respondents. However, it is a complaint received by the Court and forwarded to the Assistant Superintendent of Police, Mamallapuram, Chengalpattu District and it is pending for enquiry.
4.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
5.Without going to the merits of the complaint and other allegations, the Assistant Superintendent of Police, Mamallapuram, Chengalpattu District, is directed to pass orders on merits in accordance with law within the period of four weeks from the date of receipt of copy of this order. 6.With the above direction, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Superintendent of Police, Chengapattu District, Chengalpattu.
2. The Assistant Superintendent of Police Mamallapuram, Chengalpattu.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.15029 of 2020 NMI(CO) RV(21/10/2020)