Suliman v. The 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.28337 of 2015 Suliman ... Petitioner Vs.

1.State rep by The Superintendent of Police, Thiruvallur District, Tiruvallur.

2.The Station House Officer, Thiruttani Police Station, Thiruttani, Tiruvallur 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 complaint given by the petitioner on 05.10.2015.

For Petitioner : Mr.R.Kumaravel For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the second respondent to register the complaint given by the petitioner on 05.10.2015.

2.

The case of the petitioner is that he is a farmer at Netteari Kandigai Village. In the year 2005, he availed cash loan of Rs.50,000/- at the rate of 24% per annum from one Mr.Khader and his wife, namely, Kairun. According to him, he has paid Rs.2,40,000/- towards interest as well as principal i.e. about five times of original loan amount to them till 2009. However, loan amount was not closed. Again, the said persons have demanded the interest to the petitioner. As the petitioner was not able to mobilize the said amount, they threatened him. Therefore, he lodged a complaint dated 05.10.2015, against the said Khader and Kairun, but till date no was action. Hence, he has come forward with this petition.

https://hcservices.ecourts.gov.in/hcservices/

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, Thiruvallur District, Tiruvallur.

2.The Station House Officer, Thiruttani Police Station, Thiruttani, Tiruvallur District 3.The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.R.Kumaravel, Advolcate Sr 64080. SVI/CO KR/15/12 Crl.O.P.No.28337 of 2015 https://hcservices.ecourts.gov.in/hcservices/