Divya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 12.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

1. Divya

2. Venkatesh ... Petitioners Vs.

The State rep. by The Commissioner of Police, 132, EVK Sampath Road, Vepery, Periyamet, Chennai 600 007.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, 1973 to direct the respondent police to register an FIR based on the complaint dated 20.09.2021 given by the petitioners.

For petitioner : Mr.S.Veeraraghavan For respondent : Mr.S.Santhosh Government Advocate (Crl.side)

ORDER

This Criminal Original petition has been filed to direct the respondent police to register an FIR, based on the complaint dated 20.09.2021 given by the petitioners.

2. The learned counsel appearing for the petitioners submitted that the petitioner are the victims under the hands of four accused persons namely S.Rajagopal, C.Harida, C.Mohan and C.Ramesh and they gave a complaint against them on 20.08.2021 before the respondent police, but they have not registered the case till date. At the same time, one Mrs. Gomathi, who is the victim under the aforesaid four persons, gave a complaint and it was registered by the respondent police in Crime No.242/2021. Therefore, the respondent police may be directed either to register the case, based on the compliant given by the petitioners or to tag their complaint along with the case, already registered in Crime No.242/2021.

3. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that, after receipt of complaint dated 20.08.2021 from the petitioners, the respondent police conducted enquiry and it is pending for further enquiry.

4. The submission made by the learned Government Advocate (Crl.Side) is recorded.

5. Accordingly, i) The respondent police is directed to consider the complaint given by the petitioners dated 20.08.2021 and also the complaint given by one Gomathi and find out whether both the complaints are pertaining to the same transaction and if so, tag the petitioners' complaint along with the earlier case and proceed further in accordance with law.

ii) If both the complaints are pertaining to different transaction, the respondent is directed to register the petitioner's complaint dated 20.08..2021, if cognizable offence is made out, otherwise, they may close the complaint.

iii) The above exercise shall be completed within a period of two weeks from the date of receipt of the copy of this order.

6. With the above directions, this Criminal Original Petition is disposed of.

12.10.2022 Note: Issue order on or before 14.10.2022 Index:Yes/No mst To

1. The Commissioner of Police, 132, EVK Sampath Road, Vepery, Periyamet, Chennai 600 007.

2.The Public Prosecutor, Madras High Court.

V.SIVAGNANAM, J.

mst 12.10.2022