S.Rahmadulla v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29451 of 2015 S.Rahmadulla ... Petitioner .Vs.

1.The Superintendent of Police (Rural), Coimbatore.

2.The Inspector of Police, Annur Police Station, Coimbatore.

3.A.M.Abdul Rahoof ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 2nd respondent to register the complaint dated 02.12.2015 lodged by the petitioner and investigate the same in accordance with law.

For Petitioner : Mr.K.Sathish For Respondents 1& 2 : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the 2nd respondent to register the complaint dated 02.12.2015 lodged by the petitioner and investigate the same in accordance with law.

2. In the affidavit accompanying the petition, the petitioner has stated that he is doing Gas Welding and Tinkering Works in the name and style of Madhina Gas Welding and Tinkering at Pallivasal Street, Annur, Coimbatore and he has fixed CCTV

Camera inside and outside the shop for security purpose alone. On 23.10.2015, a General Body Meeting of Annur Thakni Sunnath Jamath was held and the 3rd respondent herein, viz. A.M.Abdul Rahoof was elected as President of the Jamath for the period from April 2012 to March 2015. During the said period, they misused their posts and committed all sorts of misdeeds and misappropriation of funds of Jamath. On 23.11.2015, about 6.00 p.m., the 3rd respondent met the petitioner near Annur market road and abused the petitioner stating as to whey he had not removed the CCTV Camera. He also threatened the petitioner that if he does not remove the CCTV Camera, he will kill him. Since the 3rd respondent and his henchmen caused damage to his property and CCTV Camera, the petitioner made a complaint with the 2nd respondent on 02.12.2015 against the 3rd respondent and their henchmen. Since no action was taken 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 and the learned Additional Public Prosecutor appearing for respondents 1 and 2.

4.

Learned Additional Public Prosecutor appearing for the 1st and 2nd respondents would submit that C.S.R. number has been assigned to the petitioner's complaint vide C.S.R.No.390/2015 and the matter is pending.

5.

Considering the above submissions and taking note of the fact that C.S.R. has been assigned to the petitioner's complaint vide C.S.R.No.390/2015, this Court feels it appropriate to direct the 2nd respondent to conduct an enquiry on the petitioner's complaint dated 02.12.2015, 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// Sub Assistant Registrar aeb

To 1.The Superintendent of Police (Rural), Coimbatore.

2.The Inspector of Police, Annur Police Station, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Sathish, Advocate, S.R.No.66633 Crl.O.P.No.29451 of 2015 SV(CO) CA(08/01/2016)