Madras High CourtCRL OP/1812/2016disposed of

N.S.Ramesh Durai v. The State By

2016-01-28Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1812 of 2016 N.S.Ramesh Durai ... Petitioner Vs The State by The Inspector of Police, Achirapakkam Police Station, Kanchipuram District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent, The Inspector of Police, Achirapakkam Police Station, Kancheepuram District, to register the complaint dated 17.01.2016 in C.S.R.No.13 of 2016 given by the petitioner and to take action against the persons mentioned in the complaint and also to file a final report within a specified time.

For Petitioner : Mr.S.Seenuvasan For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondent to register the petitioner's complaint dated 17.01.2016.

2. The petitioner is a practising advocate. On 17.01.2016, around 12.50 p.m., while the petitioner and his brother-in-law were travelling in a car, near the Ongur Toll Plaza, a Maruti Swift car bearing Number PY01 BC 3163, hit their car and the said car was driven by one Rajendran. Thereafter, there was a heated argument between petitioner's brother-in-law and the said Rajendran and when the petitioner intervened to stop the quarrel, the said Rajendran charged on the petitioner and punched on the

petitioner's face and hence, the petitioner sustained injuries on his head. Thereafter, the petitioner was admitted in Acharapakkam Hospital. Subsequently, he was referred to Government Hospital, Chengalpet. Hence, the petitioner lodged a complaint with the respondent police. But, till date, no action has been taken on the said complaint. Hence, the present criminal original petition has been filed.

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 on the complaint of the counter petitioner Rajendran, C.S.R.No.12 of 2016 has been assigned and on the complaint lodged by the petitioner also C.S.R.No.13 of 2016 has been assigned. Both the complaints are pending for enquiry.

5. In view of the submissions made on either side, this Court directs the respondent to conduct enquiry on both the complaints given by the petitioner and counter petitioner in C.S.R.No.13 of 2016 and C.S.R.No.12 of 2016 respectively and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar mrp To

1. The Inspector of Police, Achirapakkam Police Station, Kanchipuram District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 1812 of 2016 SV (CO) kk 17/2