S.Suresh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28557 of 2015 S.Suresh ... Petitioner Vs

1. The Superintendent of Police Villupuram District

2. The Inspector of Police, Kallakurichi Police Station, Kallakurichi, Villupuram District

3. The Sub-Inspector of Police, Kallakurichi Police Station, Kallakurichi, Villupuram District ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to issue appropriate direction to the respondents to register a case on the basis of his complaint dated 17.11.2015 to proceed further in accordance with law.

For Petitioner :

Mr.M.C.Govindan For respondents:

Mr.C.Emalias, Addl.Public Prosecutor.

For Intervenor :

Mr.K.S.Sunder

O R D E R

Seeking appropriate direction to the respondents to register a case on the basis of the complaint dated 17.11.2015, the petitioner has come forward with this petition.

2. The petitioner herein lodged a complaint against one Elango stating that the said Elango obtained signature of the petitioner in blank paper thereafter, he created a document as if the petitioner obtained loan for Rs.20,00,000/- from him and threatened the petitioner to pay the said amount. Though the complaint was given on 17.11.2015, till date no action was

taken. Hence the petitioner has come forward with this petition.

3. The learned counsel for the intervenor submitted that earlier complaint was lodged by said Elango as against this petitioner before E-3, Teynampet Police Station, Chennai and CSR No.1321 of 2015 has been assigned. Based on that complaint, the police from the E3 Teynampet Police Station went to the petitioner's place but the petitioner absconded himself on that date. Thereafter, the petitioner lodged the present complaint.

4. The learned Additional Public Prosecutor submitted the complaint pending before the respondent police may be transferred to E-3 Teynampet Police station, so that the complaint of the petitioner as well as Elango will be enquired together by the same police.

5.I heard the learned counsel appearing for the petitioner, learned counsel for the intervenor and the learned Additional Public Prosecutor appearing for the respondents.

6. Considering the factual aspects, this Court is inclined to direct the 2nd respondent police to transfer the complaint of the petitioner to the Inspector of Police, E3 Police Station, Teynampet within a period of one week from the date of receipt of copy of this order and the Inspector of Police, E3 Police Station, Teynampet is directed to conduct enquiry on the complaint of the petitioner as well as Elango and proceed further in accordance with law. The petitioner is also directed to co-operate with the enquiry.

This petition is disposed of accordingly.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ssd

To

1. The Superintendent of Police Villupuram District

2. The Inspector of Police, Kallakurichi Police Station, Kallakurichi, Villupuram District

3. The Sub-Inspector of Police, Kallakurichi Police Station, Kallakurichi, Villupuram District 4.The Public Prosecutor, High Court, Madras.

Copy to: The Inspector of Police, E.3 Police Station, Teynampet, Chennai.

+ 1 cc to Mr.M.K.S. Sundhar, Advocate Sr.65895 + 1 cc to M.C. Govindan, Advocate SR.65760 Crl.O.P.No.28557 of 2015 KSJ(CO) EU 29.12.15