Madras High CourtCRL OP/29207/2015disposed of

Dr.J.Hariharan v.

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.29207 of 2015 Dr.J.Hariharan, M.S.(Ortho) FRCS (Germany) Orthopaedic Surgeon No.22 Gandhi Road Jaganathan Nagar, Chennai-106 ... Petitioner Vs The Inspector of Police, K-4 Anna Nagar Police Station, Anna Nagar, Chennai.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register the complaint dated 09.11.2015 of the petitioner, investigate fully and thoroughly and to proceed against the accused in accordance with law.

For Petitioner : Mr.A.L.Namasivayam For respondent :

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 09.11.2015 of the petitioner, investigate fully and thoroughly and to proceed against the accused in accordance with law.

2. The petitioner herein lodged a complaint against one Devipriya on the allegation that the petitioner was abused and threatened by the said Devipriya. The petitioner's father-in-law, D.Dasarathan owns land at E5, 3rd Main Road, Anna Nagar, Chennai-40 and his father-in-law wanted to give the entire building having three floors to the petitioner and his wife, daughter of D.Dharathan who is also a doctor by profession, to run a hospital. The tenants in the premises were vacated, except Devipriya who was running a Saloon in the second floor. She was put in tenancy under the rental agreement for a limited period of https://hcservices.ecourts.gov.in/hcservices/

three years and it ended in 2012. When the petitioner asked her to vacate the premises to make repair works/ renovation work, she along with her employees threatened the petitioner with dire consequences. Hence, the petitioner lodged a complaint with the respondent police on 9.11.2015. Since no action was taken so far, the present petition has been filed.

3. Learned Additional Public Prosecutor submitted that on receipt of the complaint, CSR.No.545/2015 was assigned and the matter is pending enquiry.

4. Since already CSR No.545/2015 was assigned on the complaint given by the petitioner, the respondent police respondent is directed to conduct an enquiry 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.

5. The criminal original petition is disposed of accordingly. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar vsi To

1. The Inspector of Police, K-4 Anna Nagar Police Station, Anna Nagar, Chennai.

2.The Public Prosecutor, High Court, Madras.

2 ccs to M/s. A.L. Namasivayam, Advocate, sr. 66010 Crl.O.P.No.29207 of 2015 AK (CO) kk 24/12 https://hcservices.ecourts.gov.in/hcservices/