D.Santhanam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29266 of 2015 D.Santhanam ... Petitioner Vs

1. The Commissioner of Police, Vepery, Chennai-7.

2. The Inspector of Police, V4, Rajamangalam Police Station, Kolathur, Chennai-99.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent police to investigate and register the complaint dated 29.11.2015. For Petitioner :

Mr.N.Subramanian For respondents :

Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to direct the 2nd respondent to register a case based on the petitioner's complaint dated 29.11.2015.

2. The petitioner lodged complaint on 29.11.2015 against 6 persons,namely, S.Chandra, Ashokkumar, M.Rajee Kiran, R.Saranya, S.Sangavi and S.Sabari along with the VAO and Tahsildar stating that by creating fake documents, they are claiming right over his property and they are threatening the petitioner and his family members. Since no action was taken till date, the petitioner has come forward with the present petition.

3. The learned Additional Public Prosecutor submitted that the complaint was only sent by post and if complaint is given to the concerned police, 2nd respondent, necessary action would be taken.

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

5.Considering the submissions made on either side, this Court directs the petitioner to give a fresh complaint along with the copy of this order to the 2nd respondent police within a period of one week from the date of receipt of copy of the order and on receipt of the same, the 2nd respondent police is directed to conduct enquiry and if there are materials indicating commission of offence, he is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out, the 2nd respondent police is directed to pass appropriate orders on the said complaint.

6. This criminal original petition is disposed of accordingly.

ssd s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Vepery, Chennai-7.

2. The Inspector of Police, V4, Rajamangalam Police Station, Kolathur, Chennai-99.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.N.Subramanian, Advocate SR 66353 msm(co) prk6/1 Crl.O.P.No.29266 of 2015 https://hcservices.ecourts.gov.in/hcservices/