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Madras High CourtCRL OP/13689/2018disposed of

S.Mathavan, Aged 60 Years, v. State Rep. By,

2018-05-17Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM Crl.O.P.No.13689 of 2018 S.Mathavan ... Petitioner Vs.

The State Represented by

1. The Superintendent of Police, Kanchipuram District, Kanchipurm.

2. The Inspector of Police, Kelampakkam Police Station, Kelampakkam, Kelampakkam District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register First Information Report on the petitioner's complaint dated 21.03.2018 and take action against the proposed accused in accordance with law.

For Petitioner : Mr.K.Subramanian For Respondents :Ms.Kritika Kamal P.

Government Advocate (Criminal Side)

O R D E R

This petition has been filed to direct the second respondent to register a First Information Report based on the complaint given by the petitioner dated 21.03.2018.

2. The learned counsel for the petitioner submitted that the accused persons have committed offences under sections 27

(1) of Arms Act and 294(b), 323 and 307 of IPC. Hence, the petitioner has lodged a complaint before the second respondent on 21.03.2018. But so far no action has been taken on his complaint.

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3. The learned Government Advocate submitted that already a case has been registered and as a counter blast, the petitioner has lodged the complaint belatedly on 21.03.2018. However, she submitted that the said complaint is still pending for enquiry.

4. Considering the aforesaid submission, the second respondent is directed to conduct preliminary enquiry and if the enquiry reveals any cognizable offence, he has to register a case and proceed further. In case, the enquiry reveals only a civil dispute or a non-cognizable offence, he has to direct the petitioner to approach the appropriate forum for obtaining proper relief, in accordance with law.

5. With the aforesaid directions, this petition is disposed of.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar vrc To

1. The Superintendent of Police, Kanchipuram District, Kanchipurm.

2. The Inspector of Police, Kelampakkam Police Station, Kelampakkam, Kelampakkam District.

3. The Public Prosecutor High Court, Chennai.

+1cc to Mr.K.Subramanian, Advocate Sr.33774 Crl.O.P.No.13689 of 2018 pa[co] srg 31/05/2018 https://hcservices.ecourts.gov.in/hcservices/