Syed Afaak Khurram v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30311 of 2015 Syed Afaak Khurram ... Petitioner Vs State rep. By The Inspector of Police, Egmore Police Station, Egmore, Chennai - 600 008.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register a case based on the complaint given by the petitioner on 20.10.2015. For Petitioner : Mr.S.P.Meenakshi Sundaram For respondent :

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present petition has been filed to direct the respondent to register a case based on the complaint given by the petitioner on 20.10.2015.

2. The petitioner is owning several jewellery shops in South India and is the owner of Benz Car bearing Registration No.TN 4H

909. He gave the vehicle to Lalitha Motors Private Limited for remodelling the vehicle which was having show room at No.91, Fuso House, Poonamallee High Road, Chennai. Subsequently, Lalitha Motors Private Limited closed down their business and they informed the petitioner to take the vehicle. As and when the driver goes there, the Manager of the building,Fuso House, used to say that the building owners viz., one Ashok and Madhan are not in station and the driver was not allowed to take the https://hcservices.ecourts.gov.in/hcservices/

car. The petitioner came to know that the above said persons are trying to dismantle the vehicle and sell it to some third parties. Hence, a complaint was lodged against them on 20.10.2015. Since no action has been taken so far, the present petition has been filed.

3. Learned Additional Public Prosecutor submitted that the allegation made in the complaint do not constitute any cognizable offence. However, on receipt of the complaint C.S.R.No.1565/2015 has been assigned and the petition enquiry is pending.

4. Since already C.S.R. number has been assigned on the complaint given by the petitioner, without going into the merits of the case, this Court, directs the respondent police to conduct an enquiry on the complaint given by the petitioner dated 20.10.2015 in C.S.R.No.1565/2015 and if the 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.

5. This criminal original petition is disposed of accordingly.

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

1. The Inspector of Police, Egmore Police Station, Egmore, Chennai - 600 008.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.P.Meenakshi Sundaram, Advocate, S.R.No.69600 Crl.O.P.No.30311 of 2015 TEJ(CO) CA(07/01/2016) https://hcservices.ecourts.gov.in/hcservices/