S.Kannan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29025 of 2015 S.Kannan ... Petitioner Vs The State rep. By The Inspector of Police, E-3 Police Station, Teynampet, Chennai - 600 018 ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the complaint dated 24.10.2015 and take action on the said complaint. For Petitioner : Mr.G.Appavu For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to register the complaint dated 24.10.2015 and take action on the said complaint.

2. In the petition, it has been stated that the petitioner obtained M.A.(History) Degree from Madurai kamaraj University. He is a handicapped person, having sufficient knowledge in import and export, clearance and forwarding in customs department. The petitioner was licensed by Dy. Commissioner of Customs on 16.01.2002 and in pursuant to the same, the petitioner became one of the Directors of Air Connections Pvt., Ltd., Chennai. Thereafter, the petitioner submitted all the original degree and license granted by the Customs Department and Certificates to the said Company. During the course of time, difference of opinion arose among the Directors and the petitioner had decided to quit the office and submitted resignation on 23.03.2015 to the said company. On receipt of the resignation letter, the said company had forwarded the same to Customs Commissioner to cancel the Identity card on 17.06.2015, consequently, the petitioner's name was deleted on https://hcservices.ecourts.gov.in/hcservices/

30.08.2015 with effect from 28.08.2015. Thereafter, the petitioner's original certificates were not returned to him, therefore, the petitioner lodged a complaint with the respondent police, since the respondent police has not registered any case on the petitioner's complaint, the present criminal original petition has been filed.

3.Learned Additional Public Prosecutor submits that the allegation in the complaint does not constitute any cognizable offence, hence he opposes for granting direction. He would also submit that the complaint of the petitioner was assigned with CSR No.1256/2015.

4.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor. 5.Considering the submissions made on either side, since C.S.R. number has already been assigned, it is appropriate to direct the respondent to conduct an enquiry in C.S.R.No. 1256/2015 and dispose the same as early as possible.

6. This criminal original petition is disposed of accordingly.

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

1. The Inspector of Police, E-3 Police Station, Teynampet, Chennai - 600 018

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to MR.G. Appavu, Advocate SR.65916 Crl.O.P.No.29025 of 2015 TM(CO) EU 30.12.15 https://hcservices.ecourts.gov.in/hcservices/