T.Veluchamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.28951 of 2015 T.Veluchamy ... Petitioner/Defacto Complainant Vs.

The State Represented by its Inspector of Police K7, I.C.F. Police Station, Chennai - 38.

... Respondent/Complainant Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to act upon the petitioner's complaint dated 27.07.2015 and book the offenders as per law and recover the insurance amounts of the petitioner's father to the tune of Rs.2 Lakhs from the above offenders and restore the same to the petitioner's father and file the final report, within a time frame, as may be fixed this Hon'ble Court.

For Petitioner : M/s.R.Thamarai Selvam For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondent police to act upon the petitioner's complaint dated 27.07.2015 and book the offenders as per law and recover the insurance amounts of the petitioner's father to the tune of Rs.2 Lakhs from the above offenders and restore the same to the petitioner's father and file the final report, within a time frame, as may be fixed this Hon'ble Court.

2.In the petition it has been stated that the petitioner is a resident of Villivakkam, Chennai and he got married with one Hemavathy on 01.02.2013 and through their wedlock a female child was born to them. It is further stated that the petitioner's wife is employed in a private Insurance Company at Chennai and having belief in her, the petitioner's father had subscribed an insurance policy to the tune of Rs.2 Lakhs in that private

Insurance Company and since the term of the said policy was over, the petitioner asked his wife to pay the matured insurance policy amount, but the petitioner's wife informed that the said private Insurance Company had been closed.

3.It is further stated that when the petitioner pressurized his wife to disclose about the matured insurance amount, she started to threaten the petitioner, his father and brothers that she will lodge a false complaint before the police as against the petitioner's father. Hence, they kept quiet. Whileso, all of a sudden, on 27.07.2015 at about 10.00 a.m., the parents and brothers of the petitioner's wife rushed to his house along with rowdy elements and attacked him. Hence, the petitioner lodged a complaint on 27.07.2015 but, till date no action has been taken. Hence, this petition.

4.The learned counsel appearing for the petitioner submitted that though the complaint was received by the respondent police and CSR.No.391 of 2015 was assigned, no action has been taken till now and hence, prayed for appropriate orders. 5.The learned Additional Public Prosecutor submitted that though a complaint has been lodged by the petitioner as against his wife, he has not given any cogent facts and this petition contains only imaginary facts and thus, opposed to grant any direction as sought for by the petitioner.

6.I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 7.Irrespective of the submissions made on either side, since the complaint has been assigned CSR.No.391 of 2015, this Court directs the respondent police to conduct enquiry on the complaint dated 27.07.2015 given by the petitioner which has been assigned CSR.No.391 of 2015 and dispose of the same in accordance with law, as early as possible.

8.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-V) True Copy Sub Assistant Registrar

To 1.The Inspector of Police K7, I.C.F. Police Station, Chennai - 38.

2.The Public Prosecutor High Court, Madras.

+1cc to Mr.R.Thamaraiselvam, Advocate sr.65859 Crl.O.P.No.28951 of 2015 vgi[co] srg 18/12/2015