P. Mani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28435 of 2015 P.Mani ... Petitioner Vs 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Deputy Superintendent of Police, Thirukovilur, Villupuram District 3.The Inspector of Police, Pagandai Kutt Road Police Station, Villupuram District ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 3rd respondent herein to form a Special Team to conduct the investigation as far as the petitioner complaint dated 12.10.2015, pending on the file of the 3rd respondent herein under the supervision of the 2nd respondent herein and register the First Information Report. For Petitioner :

Mr.P.Gurunathan For respondents :

Mr.C.Emalias, Addl.Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the third respondent herein to form a Special Team to conduct the investigation as far as the petitioner's complaint dated 12.10.2015, pending on the file of the third respondent under the supervision of the second respondent and register the First Information Report.

2. It is the case of the petitioner that when the petitioner's son Sathish approached one Subbarayalu for collecting the hire amount for the vehicle belongs to him, the said Subbarayalu along with eight others attacked his son, due to which, his son got severe injuries. Hence, the petitioner preferred a complaint before the third respondent on 12.10.2015. But, till date, the third respondent has not taken any action on the said complaint. Hence, the petition.

3. Learned Additional Public Prosecutor submitted that on the basis of the complaint given by one Samikannu as against the petitioner and four others, a case was registered in Crime No.88 of 2015 for the alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) I.P.C. and the petitioner has been arrayed as an accused in that case. After that, the present complaint has been sent by the petitioner by post and the respondent police has not received any complaint from the petitioner so far.

4. Considering the submission made on either side, this Court directs the petitioner to give a fresh complaint to the second respondent within a period of one week from the date of receipt of a copy of this order, along with a copy of this order and on receipt of the same, the second respondent is directed to conduct enquiry on the said complaint along with the case in Crime No.88 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, then the second respondent is directed to proceed further in accordance with law, as early as possible. The criminal original petition is disposed of accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sbi To 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Deputy Superintendent of Police, Thirukovilur, Villupuram District 3.The Inspector of Police, Pagandai Kutt Road Police Station, Villupuram District 4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.P.Gurunathan Advocate sr.66117 Crl.O.P.No.28435 of 2015 aa18/12/2015