J.P.John Robert Joshua v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29439 of 2015 J.P.John Robert Joshua ... Petitioner Vs

1. State Rep. by, Superintendent of Police, Office of the Superintendent of Police, Salem District.

2. Inspector of Police, Athoor Police Station, Salem District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent to register a case on the basis of the petitioner's complaint dated 15.10.2015.

For Petitioner :

Mr.S.Kingston Jerold For Respondent :

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to register a case based on the petitioner's complaint dated 15.10.2015.

2. In the petition, it is stated that the petitioner, who is a bachelor has adopted one Prashant, aged about 17 years and Ammu, aged about 14 years as his children. One Johnson Joel, who is having enmity with the petitioner's family, on 04.09.2014, at 5.00 a.m., along with rowdy elements entered into the petitioner's house and obtained his signatures in blank cheques, green and white sheets and stamp papers under threat. In order to grab the property of the petitioner, the said Johnson Joel and others are threatening the petitioner with dire consequences and the petitioner's adopted son is also under the custody of the said https://hcservices.ecourts.gov.in/hcservices/

Johnson Joel. Hence, the petitioner lodged a complaint against them. Though the petitioner lodged a complaint with the respondent police on 15.10.2015, no action was taken on the said complaint. Hence, the petitioner has filed the present criminal original petition.

3.

Today, when the matter was taken up for consideration, the learned Additional Public Prosecutor submitted that the said Johnson Joel has already lodged a complaint as against the petitioner on 09.10.2015 and the same is under enquiry. Thereafter, the petitioner has given a complaint as a counter blast on 15.10.2015 only by post. If a fresh complaint is given in person, the same will be considered.

4. In view of the submission made by the learned Additional Public Prosecutor, the petitioner is directed to give a fresh complaint along with a copy of this order to the second respondent within a period of one week from the date of receipt of a copy of this order. On receipt of such complaint, the second respondent is directed to conduct an enquiry along with the complaint given by Johnson Joel, dated 09.10.2015 and proceed further in accordance with law as early as possible. Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar mrp/nvi To

1. The Superintendent of Police, Office of the Superintendent of Police, Salem District.

2. Inspector of Police, Athoor Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

1 cc to Mr.S. Kingston Jerold, Sr. 67277 Crl.O.P.No.29439 of 2015 VGI (CO) kk 6/1 https://hcservices.ecourts.gov.in/hcservices/