D. Loganathan v. The State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29444 of 2015 D.Loganathan ... Petitioner .Vs.

The State rep. By The Inspector of Police, E-3, Minjur Police Station, Thiruvallur District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the FIR based on the petitioner's complaint dated 01.12.2015 and investigate the matter properly.

For Petitioner :

Mr.L.Vinothkumar 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 the FIR based on the petitioner's complaint dated 01.12.2015 and investigate the matter properly.

2. It is the case of the petitioner that on 30.11.2015, about 12.00 noon, unexpectedly, one Mr.Manohar, Kondakarai Village President arrived to his shop with five unknown persons and informed the petitioner that they have entered into an agreement with one Mr.Ravi Reddiar and that the petitioner's shop belongs to him. They also attacked one Mr.Rajkumar, employee of the petitioner's shop and pushed him out from the shop, locked the shop and left the place along with the key. On the next day, i.e. on 01.12.2015, about 11.00 a.m., the said Mr.Manohar with ten unidentifiable persons arrived to the https://hcservices.ecourts.gov.in/hcservices/

petitioner's shop and threw all items from the shop. The value of the damaged items in the said incident was estimated at Rs.2,00,000/- and the petitioner made a complaint to the respondent police on 01.12.2015. Since no case was registered on the said complaint, the petitioner, having no other alternative, has come up with the present Criminal Original petition.

3.

Heard the learned counsel for the petitioner as also the learned Additional Public Prosecutor appearing for the respondent.

4.

Learned Additional Public Prosecutor appearing for the respondent would submit that C.S.R. number has been assigned to the petitioner's complaint and the matter is pending for enquiry. 5.

Considering the submissions made on either side, this Court is of the opinion that it is appropriate to direct the respondent to conduct an enquiry on the petitioner's complaint dated 01.12.2015, if enquiry is not conducted so far, and proceed further in accordance with law, as early as possible. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS III) //True Copy// aeb Sub Assistant Registrar To 1.The Inspector of Police, E-3, Minjur Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.L.Vinothkumar, Advocate, S.R.No.66872 Crl.O.P.No.29444 of 2015 SV(CO) CA(08/01/2016) https://hcservices.ecourts.gov.in/hcservices/