G.Geetha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.460 of 2016 G.Geetha ... Petitioner Vs

1. The State Rep. by The Inspector of Police, Suramangalam Police Station, Salem District.

2. State rep. by The Superintendent of Police, Salem District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register a case on the basis of the complaint dated 31.10.2015. For Petitioner :

Mr.M.Ranjithkumar For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the first respondent to register a case on the basis of the complaint dated 31.10.2015.

2. The petitioner was working as Marketing Manager and Branch Manager in MGP VIP Land Promoters and Builders during 2012 to 2015. The proposed accused namely Sai Murugesh, who is the proprietor of the said MGP VIP land promoters and builders, did not pay salary to the petitioner and the co-emplyees. When the petitioner contacted the proposed accused over phone and in person, he threatened the petitioner with dire consequences and abused her in filthy language. Hence the petitioner resigned her job and joined a job in Salem. At this juncture, on 30.10.2015 at about 3.00 p.m., the said Sai Murugesh contacted the petitioner over phone and abused her and threatened her with dire consequences to resign her job in that company. Hence the https://hcservices.ecourts.gov.in/hcservices/

petitioner lodged a complaint with the first respondent. As the first respondent refused to receive the complaint, she sent the complaint by post to the respondents. 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 as well as the learned Additional Public Prosecutor appearing for the respondents.

4. The learned Additional Public Prosecutor submitted that as the complaint has been sent by post, 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 first respondent within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the first 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 for registering the case, the first respondent is directed to pass an appropriate order on the complaint of the petitioner.

6. This criminal original petition is disposed of accordingly.

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

1. The Inspector of Police, Suramangalam Police Station, Salem District.

2. The Superintendent of Police, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Ranjithkumar, Advocate, S.R.No.4354 Crl.O.P.No.460 of 2016 KGK(CO) CA(11/02/2016) https://hcservices.ecourts.gov.in/hcservices/