Madras High CourtCRL OP/7835/2013disposed of

Mr.Authiah Naidu,Aged 70 v. The Commissioner Of Police

2015-09-14Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.09.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.No.7835 of 2013 K.Authiah Naidu S/o.Nagaiah Naidu ..

Petitioner vs.

1. The Commissioner of Police, Egmore, Chennai - 600 008.

2. The Deputy Commissioner of Police, DC-CCB, Chennai - 600 008.

3. PL.Palaniappan S/o.Palaniappan

4. Ramanathan

5. M.Bhaskaran (R3 to R5 impleaded as per order of this Court dated 15.07.2013 made in M.P.No.1 of 2013) ..

Respondents Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the respondent police to register the complaint dated 18.02.2013 preferred before the first respondent and take necessary action in accordance with law.

For Petitioner : Mr.P.Subba Reddy For Respondents: Mrs.Shabana, Government Advocate [Crl.side] (R1&R2) Mrs.A.L.Gandhimathi [R3] No appearance [R4 & R5]

O R D E R

Petitioner has filed this petition seeking a direction to respondents 1 and 2 to register a case for alleged offences, https://hcservices.ecourts.gov.in/hcservices/

based on his complaint dated 18.02.2013 and to investigate the same. Pursuant to the complaint, neither has any case been registered nor an investigation conducted. Hence, petitioner has preferred the present petition, seeking a direction to register a case.

2. Heard learned counsel for petitioner, learned Government Advocate (Crl.side) and learned counsel for third respondent.

3. Learned counsel for petitioner submits that no settlement stands arrived at before the Mediation Centre and contended that the complaint of petitioner informs cognizable offences.

4. Learned counsel for third respondent, on the other hand, submits that the matter essentially is civil in nature.

5. Learned Government Advocate [Crl.side] submits that on two occasions enquiry stand conducted and closed as civil in nature.

6. In the circumstances, this Court directs respondents 1 and 2 to furnish copies of the closure reports to petitioner. It would be open to petitioner to work out his remedy by way of private complaint, if such a course is considered appropriate. This Criminal Original Petition, accordingly, is disposed of.

gm -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Egmore, Chennai - 600 008.

2. The Deputy Commissioner of Police, DC-CCB, Chennai - 600 008.

3. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.P.Subba Reddy, Advocate SR 50676 + 1 cc to M/s.AL.Ganthimathi, Advocate SR 50359 pa(co) prk17/12 Crl.O.P.No.7835 of 2013 https://hcservices.ecourts.gov.in/hcservices/