R. Ashok Kumar v. The Insepctor Of Police(Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.280 of 2016 R.Ashok Kumar ... Petitioner Vs The Inspector of Police,(Crime) J-3 Guindy Police Station, Guindy, Chennai - 600 032.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent herein to register the complaint of the petitioner dated 17.04.2015, investigate the same and file a final report before the appropriate Court in accordance with law within a time limit to be stipulated by this Court.

For Petitioner :

Mr.K.Suthan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondent herein to register the complaint of the petitioner dated 17.04.2015, investigate the same and file a final report before the appropriate Court in accordance with law within a time stipulated by this Court.

2. The petitioner has been working in the State Bank of India for the past several years. During the year 2012, one Aishwarya has received a sum of Rs.2,50,000/- from the petitioner stating that she would make arrangements to get Training Experience Certificate for the son of the petitioner. But she has not got any certificate as assured by her. Therefore, the petitioner lodged a complaint before the respondent on 07.02.2015. During the enquiry in the said complaint, the father of the said M.Aishwarya, namely one Madhan Mohan has given an undertaking on 18.02.2015 that he will settle the entire dues payable by his daughter on or before 31.03.2015. https://hcservices.ecourts.gov.in/hcservices/

But he failed to repay the amount to the petitioner. When the petitioner approached them to settle the amount, they abused the petitioner in filthy language and threatened him with dire consequences. So, the petitioner once again lodged a complaint with the respondent on 17.04.2015. But no action has been taken on the said complaint till date. Hence, the petitioner has come forward with the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. The learned Additional Public Prosecutor submitted that as no complaint of the petitioner is pending before the respondent, if the petitioner gives a fresh complaint, necessary action will be taken.

5. In view of the submissions made on either side, this court directs the petitioner to give a fresh complaint to the respondent along with relevant documents within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the respondent is directed to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law. If no prima facie case is made out, the respondent is directed to pass an appropriate order on the said complaint.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vrc To

1. The Inspector of Police,(Crime) J-3 Guindy Police Station, Guindy, Chennai - 600 032.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.Suthan, Advocate, sr.1048 Crl.O.P.No.280 of 2016 skv co kra 27.01.2016 https://hcservices.ecourts.gov.in/hcservices/