Madras High CourtCRL OP/30356/2015disposed of

Mr. V. Nithyanandam v. The Superintendent Of Vellore

2016-01-05Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30356 of 2015 Mr.V.Nithyanandam ... Petitioner Vs 1.The Superintendent of Police, District Police Office, Sathuvacheri, Vellore 632 009.

2.The Inspector of Police, Town Police Station, Gudiyattam, Vellore District. .... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to register the complaint of the petitioner dated 02.09.2015 and file charge sheet according to law.

For Petitioner :Mr.D.A.Sugumar For Respondents :Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the respondents to register the complaint of the petitioner dated 02.09.2015 and file charge sheet in accordance with law.

2. The petitioner is a Presbyter-In-chage of Good Shepherd Church and Chairman of Pastorate Committee and Good Shepherd Church of South India. He has been conducting spiritual sermon in the church belonging to Gudiyattam Patorate. Election was held on 26.7.2015 for the post of Secretary and Treasurer for Gudiyattam Patorate. The first meeting of newly elected Pastorate Committee was held on 9.8.2015 in the premises of

Church. Soon after the meeting, one Edwin Eliyas, his brother Stanley John, Treasurer, Ida, wife of Edwin Eliyas picked up quarrel with the Secretary Moses Ravikumar and tried to assault him. When the petitioner along with some church members tried to prevent the same, they were threatened by them. On seeing the acrimonious scene created by Edwin Eliyas, his wife, Ida Christy Priyamani, his brother, Stanley John and Stanley, son of Yesupatham, the members of the committee resigned from membership. The petitioner, who is a Chairman and Presbyter-incharge of Gudiyattam Pastorate, conveyed the same to the Diocese of Vellore, CSI and submitted the reports. Subsequently, on 30.08.2015, the said Edwin Elyas, his brother Stanley John and Stanley, son of Yesupatham, picked up quarrel with the petitioner and assault the petitioner.

The petitioner's son-inlaw, M.Manoj and other Church members prevented them and saved the petitioner. They also threatened the petitioner's wife and children. Hence, the petitioner lodged a complaint on 2.9.2015, 18.09.2015, 21.09.2015, and 15.12.2015 . Since no action was taken so far, the present petition has been filed.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that the petitioner is an accused in the complaint lodged by Edward Elyas which was registered in Crime No.779/2015.

4. In view of the submission made by the learned Additional Public Prosecutor, this Court directs the 2nd respondent to conduct an enquiry on the complaint given by the petitioner dated 02.09.2015 along with Crime No.779 /2015 and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law. 5.

The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsi

To 1.The Superintendent of Police, District Police Office, Sathuvacheri, Vellore 632 009.

2.The Inspector of Police, Town Police Station, Gudiyattam, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.D.A.Sugumar, Advocate, sr.807 Crl.O.P.No.30356 of 2015 ksj co kra 20.01.2016