J. Marimuthu v. State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28724 of 2015 J.Marimuthu ... Petitioner Vs.

State Rep.by 1.The Superintendent of Police, Superintendent of Police Office, Nagapattinam.

2.The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register a case based on the petitioner's complaint dated 13.10.2015 which was forwarded from the first respondent and investigate the same in accordance with law.

For Petitioner :

Mr.K.Gandhikumar For Respondents :

Mr.C.Emalias Additional Public Prosecutor ------

O R D E R

The present criminal original petition has been filed seeking direction to the respondents to register a case based on the complaint given by the petitioner dated 13.10.2015 and to investigate the same in accordance with law.

2.The case of the petitioner is that the petitioner is residing at Rajakali Kadu, Vedaranyam, Nagapattinam District for the past 17 years. He is doing a cooly work. The accused person namely Muruganandam, who is working as a Teacher in Primary School at Periyakovilpattu by having vengeance with the petitioner, managed to to segregate the petitioner's family from

the village and implored the public not to speak with his family and also he has not allowed them to take water from the village well or pipe. On the instigation of the above said Muruganandam, the accused persons namely, Preveen, his father Karthikeyan, Manavalan, Arasu and Appukutti have damaged the petitioner's house and threatened him with dire consequences and also assaulted the petitioners with deadly weapon viz., wooden log, knife, thereby caused injuries on the petitioner. Hence, the petitioner was admitted in the Government Hospital and the police personnel came to the hospital and recorded his statement. But, no action has been taken sofar. Again, the petitioner sent a complaint to the first respondent and the same was forwarded to the second respondent. But, till date no action was taken sofar. Hence, the petitioner has filed the present criminal original petition.

2.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4.The learned Additional Public Prosecutor submitted that the complaint was sent only by post and if the petitioner gives a fresh complaint, necessary action will be taken. 5.In view of the submissions made on either side, this Court directs the petitioner to give a fresh complaint to the second respondent along with the copy of this order within a period of one week from the date of receipt of a copy of this order, and on receipt of the same, the second respondent is directed to conduct enquiry and proceed further in accordance with law, as early as possible.

6.This criminal original petition is disposed of accordingly.

ari Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Superintendent of Police Office, Nagapattinam.

2.The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Gandhikumar, Advocate Sr 65034. MSM/CO KR/22/12 Crl.O.P.No.28724 of 2015