Mrs.A.Parose v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.708 of 2016 A.Parose ... Petitioner Vs

1. The Commissioner of Police, Commissioner Office, Vepery, Chennai.

2. State of Tamil Nadu, Rep. by Inspector of Police, D2 Police Station, Anna Salai, Chennai - 600 002.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the complaint dated 17.02.2015 filed by the petitioner to the respondents.

For Petitioner :

Mr.N.Ramamani For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the second respondent to register the complaint dated 17.02.2015 filed by the petitioner to the second respondent.

2. The petitioner has lodged a complaint as against one Manikandan, Angulakshmi, Chandra Mohan and Harish on the allegation that in order to avoid the payment of the lease amount of Rs.20,00,000/- to the petitioner, they had attempted to kill the petitioner and her husband and further they are trying to take over the possession of the leased premises in the absence of the petitioner. Though the petitioner has lodged the complaint on 17.02.2015, no action was taken on the said complaint till date. Hence, the petitioner has come forward with the present criminal original petition.

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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 no complaint of the petitioner is pending before the second respondent, 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 for registering the case, 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(V) //True Copy// Sub Assistant Registrar vrc To

1. The Commissioner of Police, Commissioner Office, Vepery, Chennai.

2. The Inspector of Police, D2 Police Station, Anna Salai, Chennai - 600 002.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.N. Ramamani, Advocate Sr/2286 Crl.O.P.No.708 of 2016 NM(CO) EU 29.1.16 https://hcservices.ecourts.gov.in/hcservices/