P.Palainvel v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.28334 of 2015 P.Palanivel ... Petitioner Vs.

1.State rep by The Superintendent of Police, Commissioner Office Building, Ariyalur, Ariyalur District 2.The State Rep. by, The Inspector of Police, Andimadam Police Station, Ariyalur District ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second respondent to register the case on the basis of complaint given by the petitioner dated 16.10.2015 and investigate the matter in accordance with law.

For Petitioner : Mr.T.Muruganantham For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the second respondent to register the case on the basis of petitioner's complaint dated 16.10.2015.

2.

The petitioner lodged a complaint as against (i) Ramalingam (ii) Kolapadi Palanisamy, (iii) Selvakumar (iv) Udayakumar (v)Kolanchi vi) Koovathur David and vii) Athukurichi Shanmugam alleging that the above said persons have kidnapped the petitioner and forced him to part with his property. Though the complaint was taken as early as on 16.10.2015, no action has been taken so far. Hence, he has come forward with this petition.

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3.

When the matter was taken up for consideration today, the learned Additional Public Prosecutor submitted that the complaint was given only through post before the first respondent and if the petitioner gives a fresh complaint to the second respondent, necessary action would be taken. 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 by the learned Additional Public Prosecutor, this Court directs the petitioner to give a fresh complaint to the second respondent along with a copy of this order within a period of one week from the date of receipt of a copy of this order and the second respondent on receipt of the same is directed to conduct enquiry on the same and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further 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 Superintendent of Police, Commissioner Office Building, Ariyalur, Ariyalur District 2.The Inspector of Police, Andimadam Police Station, Ariyalur District, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.T.Muruganantham, Advocate Sr 64217. SVI/CO KR/15/12 Crl.O.P.No.28334 of 2015 https://hcservices.ecourts.gov.in/hcservices/