S. Adavan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.480 of 2016 S.Adavan ... Petitioner Vs

1. The Superintendent of Police, Villupuram, Villupuram District - 605 602.

2. The Inspector of Police, Valavanur Police Station, Valavanur Post, Villupuram District - 605 108.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the FIR based on the petitioner's complaint dated 30.10.2015. For Petitioner : Mr.M.Kaviveerappan For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct to the second respondent to register the FIR based on the petitioner's complaint dated 30.10.2015.

2. The petitioner is the State Secretary of Bharathiya Janatha Katchi (Ba.Ja.Ka) and he is doing political service to the society. He is having good reputation in the political wing and in public. One Balasubramaniya Adhithanar, who is a political enemy of the petitioner, updated false information regarding the petitioner's community stating that petitioner's

father and mother belong to different community and thus he spoiled the reputation of the petitioner. Therefore, the petitioner lodged a complaint with the second respondent. 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 respondent.

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 second respondent within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the second 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 complaint of the petitioner.

6. This criminal original petition is disposed of accordingly.

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

1. The Superintendent of Police, Villupuram, Villupuram District - 605 602.

2. The Inspector of Police, Valavanur Police Station, Valavanur Post, Villupuram District - 605 108.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.SasiKumar, Advocate, S.R.No.1751 Crl.O.P.No.480 of 2016 SVI(CO) CA(27/01/2016)