T.Parthasarathy 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.28295 of 2015 T.Parthasarathy ... Petitioner/Defecto Complainant Vs State rep. by The Commissioner of Police, Greater Chennai, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent police to register the complaint and file an FIR on the CSR/835/E1PS/15 dated 13.05.2015 on the file of Commissioner of Police, Greater Chennai, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

For Petitioner : M/s.J.Joyce Lydia For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent police to register a case based on the complaint of the petitioner dated 13.05.2015. 2.The petitioner lodged a complaint on 13.05.2015 as against one Sujatha, who worked as servant in the petitioner's house, alleging that the said Sujatha had stolen the household articles and also cash of Rs.36,00,000/- from the petitioner house. After few days, the said Sujatha called the petitioner by over phone and threatened him with dire consequences. Hence, the complaint was lodged on 13.05.2015. Though C.S.R.No.835/E1 https://hcservices.ecourts.gov.in/hcservices/

PS/15 was assigned on the said complaint, till date no action was taken. Hence, the present criminal original petition has been filed.

3.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4.The learned Additional Public Prosecutor submitted that based on the complaint of the petitioner, C.S.R.No.835/E1 PS/2015 has been assigned and the respondent is prepared to conduct enquiry on the complaint given by the petitioner. 5.Considering the submissions made on either side, this Court is constrained to pass the following order: The respondent is directed to conduct enquiry on the complaint given by the petitioner dated 13.05.2015 in C.S.R.No.835/E1PS/15 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible and if no prima facie case has been made out, the respondent is at liberty to pass appropriate order on the complaint given by the petitioner.

6.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, Greater Chennai, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.J.Joyce Lydia, Advocate, sr.63597 Crl.O.P.No.28295 of 2015 kp co kra 30.12.2015 https://hcservices.ecourts.gov.in/hcservices/