N.Sethumathavan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29790 of 2015 N.Sethumathavan ... Petitioner Vs

1. The State of Tamil Nadu, Rep. by its Sub-Inspector of Police, C-5, Oragadam Police Station, Sriperumputhur, Kanchipuram District 603 109.

2. The Superintendent of Police, Office of the Superintendent of Police, Kanchipuram District. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to issue direction to the first respondent Viz., the Sub Inspector of Police, C-5 Oragadam Police Station, Sriperumputhur, Kancheepuram District to register an FIR on the basis of the complaint dated 05.10.2015 acknowledged in C.S.R.No.240 of 2015.

For Petitioner :

Mr.K.Sudalaikannu For respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent police to issue direction to the first respondent of the Sub Inspector of Police, C-5 Oragadam Police Station, Sriperumputhur, Kancheepuram District to register the FIR on the basis of the complaint dated 05.10.2015 acknowledged in C.S.R.No.240 of 2015.

2. The petitioner herein lodged a complaint against one Pakirisamy, Senior Supervisor of a Factor by name, M/s.Katsushiro Matrex India Private Limited situated at No. A.38 & 39 SIPCOT Industrial Estate , Oragadam, Sriperumbudur Taluk, Kancheepuram District. The petitioner is the member of the United Labour Federation. During the course of employment, the counter petitioner, who is the supervisor abused him in filthy language and threatened him. Hence, he lodged a complaint with the respondent police on 30.09.2015. Since no action was taken, the present petition was filed.

3. Heard the learned counsel for the petitioner and the learned additional Public Prosecutor appearing for the respondents.

4. Learned Additional Public Prosecutor submitted that inside the factory premises, the Supervisor/counter petitioner questioned the petitioner with regard to the trade union activities.

However, on receipt of the complaint, CSR.No.240/2015 has been assigned on 05.10.2015 and the petition enquiry is pending.

5. Considering the submissions made on either side, this Court directs the 1st respondent police to conduct an enquiry in C.S.R.No.240/2015 and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible. In the course of enquiry, if no prima facie is made out, he is directed to pass appropriate orders on the complaint made by the petitioner.

6. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vsi

To

1. The Sub-Inspector of Police, C-5, Oragadam Police Station, Sriperumputhur, Kanchipuram District 603 109.

2. The Superintendent of Police, Office of the Superintendent of Police, Kanchipuram District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Sudalaikannu, Advocate, S.R.No.68247 Crl.O.P.No.29790 of 2015 GJ(CO) CA(08/01/2016)