K.Subramani v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28622 of 2015 K.Subramani ... Petitioner Vs

1. The State, Represented by The Deputy Superintendent of Police, Arakkonam,

2. State, Rep. by the Inspector of Police, Banavaram Police Station, ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to register the FIR on the complaint dated 19.11.2015 on the file of the respondent police. For Petitioner : Mr.K.U.Sale Murugan For respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register the FIR on the complaint dated 19.11.2015 on the file of the respondent police.

2. The petitioner was constructing a house and for that purpose, the building materials and sand were kept in front of their house and adjacent to one Kumar's house. On 4.11.2015, the

said Kumar along with others illegally trespassed into the house of the petitioner and assaulted the petitioner and his son with iron rod and also threatened the petitioner, his wife and son with dire consequences. Hence, a complaint was lodged on 19.11.2015. Since no action was taken so far, the present petition has been filed.

3. Heard the leaned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. Learned Additional Public Prosecutor submitted that the petitioner has given a complaint through post and if a complaint is given in person, necessary action will be taken.

5. Considering the submissions made on either side, this Court directs the petitioner to give a fresh complaint to the second respondent police, in person, along with a copy of this order within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the second respondent police is directed to enquire into the matter and if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible.

6. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi To

1. The Deputy Superintendent of Police, Arakkonam,

2. The Inspector of Police, Banavaram Police Station,

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.U.Sale Murugan, Advocate, S.R.No.64686 Crl.O.P.No.28622 of 2015 VD(CO) CA(22/12/2015)