K.Srinivasan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.509 of 2016 K.Srinivasan ... Petitioner Vs

1. State rep. By Inspector of Police, Kallakurichi Police Station, Kallakurichi,

2. Deputy Superintendent of Police, Kallakurichi,

3. The Superintendent of Police, District Police Office, Villupuram, ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the petitioner's complaint dated 01.12.2015 on the file of the respondent police.

For Petitioner : Mr.K.Nagarajan 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 Police to register the petitioner's complaint dated 01.12.2015 and investigate the same in accordance with law.

2. In the petition, it has been stated that the petitioner is the owner of a lorry bearing Registration No.TN-15-Z-4999 and

he had purchased crackers from Sivakasi Sridhar Fire Works, Vilampatti Road, Mypparai Village, Sankarankovil Taluk, Tirunelveli District. On 29.11.2015, the said lorry was driven by his driver Balasundaram and the owner of the fire works viz., V.Mariappan and the cleaner were also travelling in the said lorry. Thereafter, the driver and cleaner have not returned to Kallakurichi and the petitioner contacted the owner of the fire workers Mr.V.Mariappan through his cell phone, but the said Mariappan did not answer to the call. Hence, the petitioner lodged a complaint on 01.12.2015 with the respondent police. But, till date no action was taken. Hence, the petitioner has filed the present criminal original petition.

3. The learned Additional Public Prosecutor submitted that the complaint was sent only by post and if the petitioner gives a fresh complaint, necessary action will be taken.

4. In view of the submissions made on either side, this Court directs the petitioner to give a fresh complaint along with the copy of this order before the 1st respondent police within a period of one week from the date of receipt of a copy of this order, and on receipt of the same, the 1st respondent is directed to conduct enquiry and dispose the same in accordance with law, as early as possible. If no prima facie case is made out for registering the case, the 1st respondent is directed to pass an appropriate order on the complaint of the petitioner.

5. This criminal original petition is disposed of accordingly.

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

1. The Inspector of Police, Kallakurichi Police Station, Kallakurichi,

2. Deputy Superintendent of Police, Kallakurichi,

3. The Superintendent of Police, District Police Office, Villupuram,

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.N.Mohideen Basha / M/s.K.Nagarajan, Advocates, S.R.No.3816 Crl.O.P.No.509 of 2016 RSK(CO) CA(09/02/2016)