Madras High CourtCRL OP/29963/2015disposed of

M.Mariyammal v. State Rep By

2015-12-17Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29963 of 2015 M.Mariyammal ... Petitioner Vs State Rep. by The Sub Inspector of Police, Uthiramerur Police Station, Kancheepuram District. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register a case based on the complaint dated 30.10.2015 in accordance with law. For Petitioner :

Mr.D.Devendran For respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondent police to register a case based on the complaint dated 30.10.2015 in accordance with law.

2. The petitioner lodged a complaint as against one Gopinath, S/o Amavasai, Santhakumar, S/o Narayanan, Vijai (Santhakumar's cousin). In the said complaint, she has stated that on the date of occurrence in the month of October, 2015, when the petitioner's son was sitting near Vinayagar Temple at Alanchery Village, the above said persons threatened and attacked the petitioner's son. Thereafter at around 9.10 p.m., the above said persons went to the petitioner's house and threatened the petitioner and her son with knife point. Hence, the petitioner lodged a complaint on 30.10.2015. Since no action was taken so far, the present petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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4. Learned Additional Public Prosecutor submitted that no complaint was received from the petitioner and the petitioner has also not produced any proof that she has lodged a complaint. He further submitted that if a fresh complaint is given by the petitioner, necessary action will be taken.

5. In view of the submission made by the learned Additional Public Prosecutor, this Court directs the petitioner to give a fresh complaint along with a copy of the wound certificate and a copy of this order. On receipt of the same, the respondent police is directed to conduct an enquiry on the complaint given by the petitioner 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.

6. The criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar vsi To 1.The Sub Inspector of Police, Uthiramerur Police Station, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.D. Devendran, Advocate, Sr. 68089 Crl.O.P.No.29963 of 2015 SKV (CO) kk 8/1 https://hcservices.ecourts.gov.in/hcservices/