Madras High CourtCRL OP/432/2016disposed of

E.Mahendran v. The Inspector Of Police

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.432 of 2016 E.Mahendran ..Petitioner Vs 1.The Inspector of Police, D4, R.K.Pet Police Station, Thiruvallur District.

2.The District Superintendent of Police, Thiruvallur District, Thiruvallur.

..Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the complaint given by the petitioner dated 24.07.2015 and investigate the same in accordance with law.

For Petitioner :

Mr.C.Munusamy For Respondents :

Mr.C.Emalias, Additional Public Prosecutor ---------

O R D E R

The present criminal original petition has been filed seeking a direction to the respondents to register a case based on the complaint given by the petitioner dated 24.07.2015 and investigate the same in accordance with law.

2.The petitioner lodged a complaint on 24.07.2015 as against one Loganathan, who is working as Revenue Inspector on the allegation of abusing the petitioner in a filthy language and also threatening him with dire consequences. Since till date no action was taken by the respondent-police, and hence the petitioner has come forward with the present criminal original petition.

3.When the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that the counter petitioner Loganathan, Revenue Inspector has also lodged a complaint as against this petitioner. On receipt of the complaints of the petitioner as well as the counter petitioner, CSR Nos.185 and 186 of 2015 have been assigned and the matters are pending for enquiry.

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

5.In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the first respondent-Police to conduct enquiry on the basis of the complaint given by the petitioner as well as the counter petitioner viz., Loganathan in C.S.R.Nos.185 and 186 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the first 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 first respondent is directed to pass an appropriate order on the said complaints.

6.This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ari To 1.The Inspector of Police, D4, R.K.Pet Police Station, Thiruvallur District.

2.The District Superintendent of Police, Thiruvallur District, Thiruvallur.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.Munusamy, Advocate SR NO.1548[09/02/2016] Crl.O.P.No.432 of 2016 AD(CO) KP(02.02.2016)