Madras High CourtCRL OP/1755/2016disposed of

V.R.Sridhar v. The Superintendent Of Police

2016-01-29Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.1.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1755 of 2016 V.R.SRIDHAR [ PETITIONER ] S/O.RANGASAMY NO.48/3 RAJAN NIVAS K.V.T. NAGAR VANDAVASI THIRUVANNAMALAI DIST.

Vs 1 THE SUPERINTENDENT OF POLICE [ RESPONDENTS ] THIRUVANNAMALAI DIST. THIRUVANNAMALAI 2 THE INSPECTOR OF POLICE VANDAVASI SOUTH POLICE STATION THIRUVANNAMALAI DIST.

Prayer: Criminal Original Petition filed to give direction to the Superintendent of Police Thiruvannamalai and the Inspector of Police, Vandavasi South Police, the Respondents Police herein to Register the FIR on the Complaint dated 31/12/2015 given to the Respondents Police For Petitioner :

Mr. L. Gavaskar For Respondents :

Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

The petitioner has come forward with this Criminal Original Petition seeking for a direction directing the respondents 1 and 2 to Register the FIR on the Complaint dated 31/12/2015 given to the Respondent Police

2. The petitioner herein has lodged a complaint against five persons viz., 1. Janarthanan, 2. Josva @ Joseph, 3. Elumalai, Kumar and 5. Jagan alleging that the petitioner has borrowed a sum of Rs.50,000/- from above said persons and thereafter he has repaid the entire amount along with interest. Inspite of that, the above said persons are harassing the petitioner by demanding exorbitant amount (kandhuvaddi) and https://hcservices.ecourts.gov.in/hcservices/

obtained his signature in blank stamp paper and bond sheets and thereafter by filling the amounts in the stamp paper and bond paper, they demanded exorbitant interest. When the petitioner refused to pay the same, they have threatened him with dire consequences. Though the said complaint has been received by the respondent on 31.12.2015, till date no action has been taken. Hence, the present criminal original petition has been filed.

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

4. Learned Additional Public Prosecutor submitted that the petitioner herein lodged his complaint only by post and if the same is given in person, appropriate action would be taken.

5. Considering the submissions made by learned Addl. Public Prosecutor , this Court directs the petitioner to give a fresh complaint before the respondent police along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

6. The criminal original petition is disposed of accordingly.

msr -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1 THE SUPERINTENDENT OF POLICE THIRUVANNAMALAI DIST.

2 THE INSPECTOR OF POLICE VANDAVASI SOUTH POLICE STATION THIRUVANNAMALAI DIST.

THE PUBLIC PROSECUTOR, HIGH COURT, CHENNAI.

+ 1 cc to Mr.L.Gavaskar, Advocate SR 5564 kk(co) prk10/2 Crl.O.P.No.1755 of 2016 https://hcservices.ecourts.gov.in/hcservices/