S.Ramu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9053 of 2015 S.Ramu .. Petitioner Vs 1.The Inspector of Police, J-5, Shastri Nagar Police Station, Chennai - 600 090.

2.The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent police to register a case against the offenders on the basis of the complaint dated 11.01.2015 given to the first respondent and taken up fair and proper investigation in the matter of intentional and wilful criminal activities of the said persons for criminal intimidation, threats, criminal trespass and criminal conspiracy. For Petitioner :Mr.S.Arunachalam For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the first respondent police to register a case against the offenders on the basis of the complaint dated 11.01.2015 given to the first respondent and taken up fair and proper investigation in the matter of intentional and willful criminal activities of the said persons for criminal intimidation, threats, criminal trespass and criminal conspiracy, the petitioner has come up with this petition.

2.It is seen that the dispute is between the members of the Theosophical Society to take part in the affairs of the Society. The petitioner alleges in the present complaint that the proposed accused had committed offence punishable under Section 66A of the Information Technology Act.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that there is a civil suit pending between the parties.

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4. It is common knowledge that the Hon'ble Supreme Court has struck down the said provision, as unconstitutional.

5. In view of all the above, this Court is of the opinion that it is not a fit case to issue any positive direction to the respondent as sought for by the petitioner.

6.With the above observation, this this Criminal Original Petition is closed with liberty to the petitioner to work out his remedies in the manner known to law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jbm To 1.The Inspector of Police, J-5, Shastri Nagar Police Station, Chennai - 600 090.

2.The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai - 600 007.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to MR.S.Arunachalam, Advocate Sr.19635 Crl.OP No.9053 of 2015 JP(CO) EU 20.04.15 https://hcservices.ecourts.gov.in/hcservices/