S.Kothandraraman v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2016 Coram:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.7465 of 2016 S.Kothandaraman ... Petitioner Vs.

1. The Superintendent of Police, Kancheepuram, Kancheepuram District.

2. State by Inspector of Police, Achirupakkam Police Station, Achirupakkam, Kancheepuram District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the 2nd respondent police to register a case on the complaint given by the petitioner dated 29.02.2016 and investigate the case in accordance with law.

*** For Petitioner : Mr.T.R.Ravi For Respondents : Mr.C. Emalias Additional Public Prosecutor

ORDER

This petition has been filed to direct the 2nd respondent police to register a case on the complaint given by the petitioner dated 29.02.2016 and investigate the case in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that in respect of the occurrence said to have been taken place on 19.03.2016, one Suresh has lodged a complaint before the respondent police against the petitioner

and the same was registered in Cr.No. 52 of 2016 under Sections 294(b), 324 and 506(ii) IPC, based on which the petitioner was arrested by the respondent police and released on bail. Thereafter, the petitioner has given a complaint dated 24.03.2016 to the Superintendent of Police, Kancheepuram, Kancheepuram District / first respondent herein, alleging that he was attacked by the said Suresh, but no action was taken against the said Suresh.

4. Per contra, Mr.T.R.Ravi learned counsel for the petitioner submitted that on 29.02.2016 the petitioner has given a complaint to the second respondent, on which, no action has been taken. The said submission is strongly rebuted by the learned Additional Public Prosecutor appearing for the State.

5. Mr.T.R.Ravi, learned counsel for the petitioner submitted that the petitioner also sustained injuries and he produced the copy of the wound certificate.

6. Under such circumstances, the respondent police is directed to enquire into the complaint dated 24.03.2016 given by the petitioner, in the light of the wound certificate produced by him and conduct unbiased enquiry and take action in accordance with law. The petitioner is directed to co-operate for the enquiry with the respondent police.

7. In view of the above direction, this Criminal Original Petition is closed.

-s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar sms To

1. The Superintendent of Police, Kancheepuram, Kancheepuram District.

2. The Inspector of Police, Achirupakkam Police Station, Achirupakkam, Kancheepuram District.

3.The Public Prosecutor High Court, Madras +1 cc to Mr.T.R.Ravi Advocate sr.29909/16 Crl.O.P.No.7465 of 2016 ca(co) aa14/06/2016