E.Dayalan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29609 of 2015 E.Dayalan ... Petitioner Vs.

The Inspector of Police (L&O), Korattur Police Station, Chennai ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to register the complaint dated 02.11.2015 received in CSR.No.505 of 2015, investigate the same and file the final report.

For Petitioner : Mr.S.Sathish Rajan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondent to register and investigate the case based on the complaint dated 02.11.2015 given by the petitioner.

2.

The petitioner herein lodged a complaint on 02.11.2015 as against one Balu, adjacent owner of the petitioner's property stating that he is unnecessarily trespassing into his property and threatening him with dire consequences and on receipt of the said complaint, the respondent issued CSR No.505 of 2015. But, till date no action was taken. Hence, he came forward with this petition.

3.

I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 4.

When the matter was taken up for consideration today, the learned Additional Public Prosecutor submitted that on receipt of the complaint C.S.R.505 of 2015 has been assigned and appropriate action would be taken. He further submitted that the petitioner is not co-operating with the respondent police for enquiry.

https://hcservices.ecourts.gov.in/hcservices/

5.

Considering the submissions made by the learned Additional Public Prosecutor, this Court directs the respondent police to conduct the enquiry in C.S.R.No.505 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent police is directed to proceed further in accordance with law, as early as possible. The petitioner is also directed to co-operate with the enquiry. If no prima facie case is made out the respondent shall pass appropriate order on the said complaint.

6.

With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar srn To

1. The Inspector of Police (L&O), Korattur Police Station, Chennai

2. The Public Prosecutor High Court, Madras.

+ 1 cc to M/s. S. Sathish Rajan, Advocate SR.67302 Crl.O.P.No.29609 of 2015 UG(CO) EU 05.1.16 https://hcservices.ecourts.gov.in/hcservices/