← Library
Madras High CourtCRL OP/13999/2018dismissed

G.Rajaseelan, M/A 44 Years, v. The State Rep By Its,

2018-05-30Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.05.2018

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR CRL.OP.No.13999 of 2018 G.Rajaseelan ... Petitioner Vs

1. State rep. by the Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2.The Inspector of Police (L&O), K2 Ayanavaram Police Station, Ayanavaram, Chennai-23.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case on the complaint given by the petitioner dated 18.05.2018 and investigate the matter in accordance with law.

For Petitioner : Mr.S.V.S.Ilamvazhuthi For Respondents : Ms.M.Prabhavathi, APP

O R D E R

The Criminal Original Petition has been filed seeking a direction, directing the 2nd respondent to register a case on the complaint given by the petitioner dated 18.05.2018 and to proceed with the investigation according to law.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. A perusal of the typed set of papers filed along with the petition, more particularly, the allegations in the complaint would reveal that the petitioner is already facing a criminal case and the petitioner has now given a complaint against the defacto complainant of that criminal case. It further reveals that the petitioner has got anticipatory bail by this Court in that criminal case in Crl.O.P.No.20608/2017 by order dated 11.10.2017. In view of the above, this Court is not inclined to direct the 2nd respondent police to register a case on the basis of the complaint given by the petitioner. However, the petitioner can very well approach the jurisdictional Magistrate to prefer a private complaint and establish his case.

4. With the above observation, the Criminal Original Petition is dismissed.

30.05.2018 tsi To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2.The Inspector of Police (L&O), K2 Ayanavaram Police Station, Ayanavaram, Chennai-23.

3.The Addl. Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR, J.

tsi CRL.OP.No.13999 of 2018 30.05.2018