V. Gowri v. State By The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2016

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.1868 of 2016 V. Gowri ... Petitioner Vs.

1. State by the Commissioner of Police, Veppery, Chennai.

2. The Assistant Commissioner of police, Ennur, Chennai.

3. The Inspector of Police, M-6, Manali Police Station, Chennai 600 068.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 3rd respondent to register the case based on the petitioner's complaint dated 22.11.2015 pending before the 3rd respondent.

For Petitioner : Mr.P. Rajavel For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the 3rd respondent to register the case based on the petitioner's complaint dated 22.11.2015 pending before the 3rd respondent.

2. In the petition, it is stated that the petitioner purchased a house site property situate at No.1, Thiruvalluvar Street, Thanthai Periyar Nagar, Manali, Thiruvottriyur, Chennai - 68, from one Akkamadu Kabi for a sale consideration on 15.8.2015. The petitioner is working as a cook and on account of her avocation, she happened to stay at karanodai on 9.11.2015. On 13.11.2015, when she

returned to her home, she found that the door lock was broke opened and further the articles such as TV, stove, vessels, gold, chair and an amount of Rs.40,000/- were found to be missing. On enquiry, she came to know that the said Akkamadu Kabi trespassed into the petitioner's house and stolen the above said articles. When the petitioner asked the said Akkamadu kabi about his illegal act, he abused the petitioner in filthy language and also threatened with dire consequences.

Therefore, the petitioner lodged complaint before the 3rd respondent on 22.11.2015, but no action has been taken by the respondents. Hence the petitioner is before this Court.

3. Heard both sides.

4. Learned counsel for the petitioner submitted that though the complaint was lodged as early as on 22.11.2015, no action has been taken on the said complaint. Hence the petitioner has come forward with this petition.

5. Learned Additional Public Prosecutor submitted that on receipt of complaint, the same has been assigned in C.S.R.No.329 of 2015 and on completion of enquiry, the complaint given by the petitioner has been closed .

6. Recording the submission of learned Additional Public prosecutor, since the complaint has been closed, now nothing survives in this Criminal Original Petition. Hence, the present criminal original petition is dismissed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar msr To

1. The Commissioner of Police, Veppery, Chennai.

2. The Assistant Commissioner of police, Ennur, Chennai.

3. The Inspector of Police, M-6, Manali Police Station, Chennai 600 068.

4.The Public Prosecutor, High Court, Madras.

1 cc to M/s.P. Rajavel, Advocate, Sr. 5638 Crl.O.P.No.1868 of 2016 RSK (CO) kk 17/2