A.Arun v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1753of 2016 A.Arun ..Petitioner Vs

1. The Commissioner of Police, Chennai City, Veppery, Chennai 600 007.

2.The Inspector of Police, K.11, Koyambedu CMBT Police Station, Koyambedu, Chennai 600 107.

..Respondents Criminal Original Petition file under Section 482 Cr.P.C. seeking direction to the 2nd respondnet to register the complaint of the petitioner dated 22.07.2015 and investigate the same in accordance with law.

For Petitioner : Mr.P.Paramasivam 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 2nd respondent to register a case based on the complaint given by the petitioner dated 22.07.2015 and investigate the same in accordance with law.

2. The petitioner herein lodged a complaint on 22.07.2015 before the 2nd respondent-police against one Revathi @ Janani stating that the said Revathi @ Janani had love affair with the petitioner and she promised to marry him. In the said situation, the said Revathi @ Janani borrowed a sum of Rs.1,50,000/- from the petitioner for her father's medical treatment. Thereafter, the said Revathi @ Janani refused to marry the petitioner and also threatened him with dire consequences. Hence, the petitioner lodged a complaint before the 2nd respondent police. But, till date no action was taken. Hence, the petitioner has come forward with the present criminal original petition.

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3.The learned Additional Public Prosecutor submitted that no cognizable offence has been made out in the complaint. However, on the receipt of complaint of the petitioner. C.S.No.226 of 2015 has been assigned and the matter is pending for enquiry.

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

5.In view of the submissions made on either side, this Court directs the 2nd respondent-police to conduct an enquiry on the basis of the complaint given by the petitioner, dated 22.07.2015 in C.S.R.No. 226 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the 2nd respondent-police is directed to proceed further in accordance with law, as early as possible. If no prima facie case has been made out, the 2nd respondent-police is at liberty to pass appropriate order on the complaint given by the petitioner.

6. This criminal original petition is disposed of accordingly.

ari s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Chennai City, Veppery, Chennai 600 007.

2. The Inspector of Police, K.11, Koyambedu CMBT Police Station, Koyambedu, Chennai 600 107.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.P.Paramasivam, Advocate SR 6112 sr(co) prk18/2 Crl.O.P.No.1753 of 2016 https://hcservices.ecourts.gov.in/hcservices/