Dr. Easwar Srikumar v. State Rep. By Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.669 of 2016 Dr.Easwar Srikumar ... Petitioner Vs

1. State Rep. by The Inspector of Police, J-8 Neelankarai Police Station, Neelankarai, Chennai - 600 115.

2. Jerome Pushparaj

3. Sophia ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the first respondent to take the complaint on file, register the case on the complaint lodged by the petitioner/ complainant dated 04.01.2016 and investigate into the matter and submit a report to the Court. For Petitioner :

Mr.A.Siddique Ali For Respondent-1 :

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 take the complaint on file, register the case on the complaint lodged by the petitioner/complainant dated 04.01.2016 and investigate into the matter and submit a report to the Court.

2. The petitioner has entered into a lease agreement for a period of three years with the second and third respondents. The said agreement has to be renewed once in every eleven months. The petitioner was holding four months rent without paying to the second and third respondents for the reason that inspite of several reminders they failed to provide drinking water and sewerage facility from the Corporation. Further, they have also failed to maintain their fixtures like

solar heater, water purifiers, Air Conditions etc., for which they are charging rent from the petitioner. Though the lessee was ready to renew the agreement for the second term as per the original agreement, the lessors dragged on the matter and postponed the renewal on flimcy grounds. While so, on 04.01.2016, at about 1.00 p.m. the second and third respondents entered into the premises without prior notice and threatened the petitioner and his wife, who lack mobility for the past four years and who could move only on wheel chair. Hence, the petitioner lodged a complaint before the first 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 the allegations made in the complaint do not constitute any cognizable offence. The learned counsel for the petitioner denies the same and submitted that the second and third respondents are continuously threatening the petitioner stating that they would throw them out of the premises. However, the learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.5 of 2016 has been assigned and the matter is pending for enquiry.

5. Irrespective of the submissions made on either side, this Court directs the first respondent to conduct enquiry on the complaint given by the petitioner dated 04.01.2016 in C.S.R.No.5 of 2016 and dispose the same in accordance with law. If no prima facie case is made out, 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/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar vrc

To

1. The Inspector of Police, J-8 Neelankarai Police Station, Neelankarai, Chennai - 600 115.

2. The Public Prosecutor, High Court, Madras.

1 cc to M/s.A. Siddeque Ali, Advocate, Sr. 2495 Crl.O.P.No.669 of 2016 AK (CO) kk 28/1