Madras High CourtCRL OP/30107/2015disposed of

C.Duraipandian v. Inspector Of Police

2015-12-18Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH CRL.OP.No.30107/2015 C.Duraipandian ..Petitioner

Versus

1.The Inspector of Police Neelankarai Police Station Chennai. [CSR No.1057/2015] 2.Arumuga Kumar ..

Respondents Criminal Original Petition filed under section 482 Cr.P.C., directing the respondents to register the case on the complaint given by the petitioner in CSR No.1057/2015 dated 21.11.2015. For Petitioner :

Mr.P.Ram Manohar For Respondent:

Mr.C.Emalias, APP for R1

ORDER

This petition has been filed to direct the respondents to register the case based on the complaint dated 21.11.2015 in C.S.R.No.1057 of 2015.

2.Petitioner herein lodged a complaint as against one Arumuga Kumar who is his tenant alleging that he is evading to pay the rent for the premises occupied by him. It is also averred in the complaint that the said Arumuga Kumar who is the second respondent herein had damaged the windows, doors and also threatened him with dire consequences. Since the complaint was not taken on file, the petitioner is before this Court. 3.Learned Additional Public Prosecutor submits that since the petitioner has not cooperated for the enquiry, his complaint was closed.

4.Learned counsel for the petitioner denies the same and prays that appropriate direction may be given to the respondent to reopen the case.

5. In view of the submission made by the learned Additional Public Prosecutor, the respondent is hereby directed to reopen the case and conduct enquiry on the complaint and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as https://hcservices.ecourts.gov.in/hcservices/

early as possible. In the course of enquiry, if no prima facie is made out or the matter is civil in nature, 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 IV) //True Copy// Sub Assistant Registrar To, 1.The Inspector of Police, Neelankarai Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

Crl.OP.No.30107/2015 mp(CO) srg(18/01/2016) https://hcservices.ecourts.gov.in/hcservices/