M.V.Sanjeevkumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.28331 of 2015 M.V.Sanjeevkumar ... Petitioner Vs.

State rep by The Inspector of Police, Moolanoor Police Station, Moolanoor, Tiruppur District ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to register a case based on his complaint dated 14.11.2015. For Petitioner : Mr.M.Selvam For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondent to register a case based on the complaint given by the petitioner dated 14.11.2015.

2.

It is the case of the petitioner that he is a resident and Member of Mallampalayam Youth Welfare Association. The temple festival was conducted on 02.03.2015 and the association played its part in the festival. Thereafter a meeting was convened by the said Association in respect of verification of accounts relating to the expenditure incurred for the temple festival. The petitioner was not able to participate in the said meeting due to his ill health. It is his further case that the account books in respect of expenses incurred for temple festival were not produced to the petitioner and the same are now under the custody of one C.Ramasamy, the Secretary of the Association and M.K.Arjunan, the Treasurer of the Association. When the petitioner demanded the book of accounts, they refused to handover the same and abused him in filthy language and also https://hcservices.ecourts.gov.in/hcservices/

threatened him with dire consequences. Hence, the petitioner lodged a complaint dated 14.11.2015 with the respondent police and subsequently on 16.11.2015. Though the complaint dated 14.11.2015 has been assigned C.S.R.No.223 of 2015, till date, no action has been taken. Hence, this petition.

3. Today, when the matter was taken up for consideration, the learned Additional Public Prosecutor submitted that the matter appears to be purely civil in nature and only in order to give criminal colour, the allegation of being threatened was introduced in the complaint . Thus he opposed to grant direction. 4.

I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 5.

In view of the submissions made on either side, this Court directs the respondent to conduct enquiry on the complaint given by the petitioner which has been assigned C.S.R.No.223 of 2015 and dispose of the same in accordance with law, as early as possible.

6.

With the above directions, the Criminal Original Petition is disposed of.

srn/msr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, Moolanoor Police Station, Moolanoor, Tiruppur District 2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Selvam, Advocate Sr 64090.

MSM/CO KR/17/12 Crl.O.P.No.28331 of 2015 https://hcservices.ecourts.gov.in/hcservices/