Madras High CourtCRL OP/29132/2015disposed of

Mr.K.Muthuraj v. The State Rep. By

2015-12-09Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29132 of 2015 Mr.K.Muthuraj ... Petitioner Vs The State represented by Inspector of Police, Selaiyur Police Station, Selaiyur, Chennai - 73.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register the complaint dated 05.10.2015 and investigate the case in accordance with law. For Petitioner : Mr.G.Justin For respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to register the complaint dated 05.10.2015 and investigate the case in accordance with law.

2. The petitioner is residing in the apartment bearing Flat B Block, S-11, No.155/210, Velacherry Main Road, Rani Residency, Sembakkam, Chennai - 73, for the past 7 years, as a tenant under one Mrs.Namitha. The petitioner is regularly paying the rent. While so, the owner of the flat called upon the petitioner to vacate the apartment otherwise, she will forcibly evict the petitioner. On 03.10.2015 at 11.30 a.m., the husband of the said Mrs.Namitha, along with three unidentified men assaulted the petitioner and his family members with an intention to kill the petitioner. Hence, the petitioner lodged a complaint with the respondent police on 5.10.2015. Since no action was taken, the present petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3. Learned Additional Public Prosecutor submitted that it is a dispute between the tenant and the landlord and the petitioner has to work out the remedy before the appropriate forum.

4. Learned counsel for the petitioner denied the same and submitted that the counter petitioner Vasanthakumar along with henchmen assaulted the petitioner. Thus, the petitioner has sought for the above said direction.

5. Considering the submissions made on either side, this Court directs the petitioner to give a fresh complaint along with a copy of this order to the respondent Police and on receipt of the same, the respondent police is directed to conduct an enquiry on the complaint of the petitioner and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible. In the course of enquiry, if no prima facie is made out or the matter is civil in nature, he is directed to pass appropriate orders on the complaint made by the petitioner.

6. The criminal original petition is disposed of accordingly.

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

1. The Inspector of Police, Selaiyur Police Station, Selaiyur, Chennai - 73.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr. G. Justin, Advocate SR.66068 Crl.O.P.No.29132 of 2015 TM(CO) Eu 29.12.15 https://hcservices.ecourts.gov.in/hcservices/