Madras High CourtCRL OP/29746/2015disposed of

P.Jothi v. State Rep. By

2016-01-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29746 of 2015 P.Jothi ... Petitioner/Defacto Complainant.

Vs State rep. by

1. The Commissioner of Police, Egmore, Chennai-8.

2. The Inspector of Police (L & O), M.2 Madhavaram Milk Colony Police Station, Chennai-51.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register FIR on the basis of the petitioner's complaint dated 21.6.2014, investigate the matter and file a final report within a stipulated period of time.

For Petitioner :

Mr.A.Thirumaran For respondents :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the respondent police to register a case on the basis of the petitioner's complaint dated 21.6.2014, investigate the same and file a final report within a stipulated period of time.

2. It is the case of the petitioner that she has lodged a complaint with the respondent police on 21.6.2013 as against one Chandran stating that the said Chandran forcibly entered into her hotel and took away Whirlpool 215 litr. Fridge and Micro Owan-Whirlpool. Though the said complaint was given as early as in the year 2013, till date, no action was taken on the said complaint. Hence, the petition.

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3. Learned Additional Public Prosecutor submitted that if the petitioner gives a fresh complaint, the respondent would take appropriate action.

4. Considering the submissions made on either side, this Court is constrained to pass the following order:- (i) The petitioner is directed to give a fresh complaint to the second respondent within a period of one week from the date of receipt of a copy of this order, along with a copy of this order.

(ii) On receipt of the same, the second respondent is directed to conduct enquiry on the said complaint, and upon enquiry, if materials are gathered indicating commission of any cognizable offence, then the second respondent is directed to proceed further in accordance with law, as early as possible.

5. The criminal original petition is disposed of accordingly.

sbi -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Egmore, Chennai-8.

2. The Inspector of Police (L & O), M.2 Madhavaram Milk Colony Police Station, Chennai-51.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.J.B.Soloman Peterkamaldoss, Advocate SR 4958 sr(co) prk10/2 Crl.O.P.No.29746 of 2015 https://hcservices.ecourts.gov.in/hcservices/