S.Lakshman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4840 of 2016 S.Lakshman .. Petitioner Vs.

1.The Superintendent of Police District Police office Kanchipuram.

2.The Inspector of Police B-2 Vishnu Kanchi police station Kanchipuram District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register the case on the basis of the petitioner's complaint dated 30.12.2014 and to file a final report within the time frame as fixed by this Court. For Petitioner :Mr.V.Purushothaman For Respondents :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking a direction to the respondents to register the case based on the petitioner's complaint dated 30.12.2014 and to file a final report.

2.The learned counsel for the petitioner submitted that the petitioner's father had already lodged a complaint before the Superintendent of Police, Kanchipuram on 25.09.2014 against Santhanam, Gold Ravi, Gold Mohan and Shankar and subsequently, the same was closed. He further submitted that the petitioner has given the complaint before the first respondent on 30.12.2014 stating that the said Gold Ravi along with 20 persons trespassed into the petitioner's house and threatened the petitioner and his family members. So far the respondents have not taken any steps to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief.

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3.Learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint lodged by the petitioner dated 30.12.2014, enquiry has been duly conducted and the same was closed on 28.01.2015 as civil in nature. Hence, he prays for dismissal of this petition.

4.Considering the rival submissions made on both sides and on perusing the typed set of papers, the petitioner after receiving notice under Section 138(b) of the Negotiable Instruments Act, has given the present complaint dated 30.12.2014. According to the learned Additional Public Prosecutor, the complaint dated 30.12.2014 was enquired and closed on 28.01.2015 as civil in nature. Recording the said submissions, the Criminal Original Petition is dismissed as devoid of merits.

kj s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The Superintendent of Police District Police office Kanchipuram.

2.The Inspector of Police B-2 Vishnu Kanchi police station Kanchipuram District.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.V.Purushothaman, Advocate SR 19461 ksj(co) prk7/4 Crl.O.P.No.4840 of 2016 https://hcservices.ecourts.gov.in/hcservices/