Madras High CourtCRL OP/393/2016disposed of

G.Rajendran v. The State By

2016-01-08Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.393 of 2016 G.Rajendran ... Petitioner versus The State by Inspector of Police, Sunguvarchattram Police Station, Sunguvarchatram, Kanchipuram District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent police to register FIR on the complaint of the petitioner dated 09.10.2015 before the Inspector of Police, Sunkuvarchatram Police Station and investigate the case for taking appropriate criminal proceedings against the accused.

For Petitioner : Mr.R.Kannan For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent police to register a case on the basis of the petitioner's complaint dated 09.10.2015 and investigate the case for taking appropriate criminal proceedings against the accused.

2.The petitioner herein lodged a complaint on 09.10.2015 as against one Kandavel, Loganathan, Kumaravel and their hench-men stating that they have entered into the petitioner's land and cut thorn trees. When the petitioner questioned the said persons, they scolded the petitioner in a

filthy language and threatened him with dire consequences. But, till date no action was taken by the respondent-police. Hence, the petitioner has filed the present criminal original petition. 3.The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.336/2015 has been assigned and the matter is pending for enquiry.

4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

5.In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent-Police to conduct enquiry on the basis of the complaint given by the petitioner dated 09.10.2015 in C.S.R.No.336 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out for registering the FIR, 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(CCC) //True Copy// Sub Assistant Registrar ari To

1. The Inspector of Police, Sunguvarchattram Police Station, Sunguvarchatram, Kanchipuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Kannan, Advocate, S.R.No.1538 Crl.O.P.No.393 of 2016 NM(CO) CA(01/02/2016)