A.P.Mahendran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30488 of 2015 A.P.Mahendran ... Petitioner Vs

1. The Commissioner of Police, Commissioner Office, Vepery, Chennai.

2. The Assistant Commissioner, Assistant Commissioner Office, Poonamallee, Chennai - 600 056.

3. The Inspector of Police, T-5, Thiruverkadu Police Station, Thiruverkadu, Chennai - 600 077.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents' police to register the case on the petitioner's complaint dated 12.12.2015 given by the petitioner.

For Petitioner :

Mr.A.M.Venkatakrishnan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondents to register the case on the petitioner's complaint dated 12.12.2015 given by the petitioner.

2. The petitioner is carrying out business of selling cement. While so, on 08.12.2015, around 3 p.m., when the petitioner was standing in front of his house, the proposed accused namely one Krishnakumar, Sathish and Karnan encroached upon the street and errected a wall illegally in front of the house of the petitioner. This was objected by the petitioner. Therefore, the proposed accused persons attacked the petitioner with knife on his head resulting in grievous injuries to the petitioner. When the petitioner raised alarm, the proposed accused persons ran away. Thereafter, the petitioner was admitted in the Medical College Hospital, Kilpauk. Immediately, the petitioner loaded a complaint before the second and third respondents. As they refused to receive the same, the petitioner sent the complaint to the respondents through courier. But till date, no action has been taken by the respondents on the said complaint. Hence, the petitioner has come forward with the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. The learned Additional Public Prosecutor submitted that as no complaint of the petitioner is pending before the third respondent, if the petitioner gives a fresh complaint, necessary action will be taken.

5. In view of the submissions made on either side, this court directs the petitioner to give a fresh complaint along with medical records to the respondent within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the third respondent is directed to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

vrc To

1. The Commissioner of Police, Commissioner Office, Vepery, Chennai.

2. The Assistant Commissioner, Assistant Commissioner Office, Poonamallee, Chennai - 600 056.

3. The Inspector of Police, T-5, Thiruverkadu Police Station, Thiruverkadu, Chennai - 600 077.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.M.Venkatakrishnan, Advocate, S.R.No.1083 Crl.O.P.No.30488 of 2015 GJ(CO) CA(11/01/2016)