Madras High CourtCRL OP/804/2016disposed of

Radha v. State Rep By

2016-01-27Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.804 of 2016 Radha .. Petitioner Vs State rep. by The Inspector of Police, S14 Peerkkankaranai Police Station, Chennai- 600 063 .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent police viz., The Inspector of Police, S14- Peerkkankaranai Police Station, Chennai to register an F.I.R and to investigate according to her complaint dated 02.01.2016 in accordance with law. For Petitioner :Mr. N.Naresh For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

The present criminal original petition has been filed to direct the respondent to register a case based on the petitioner's complaint dated 02.01.2016.

2. In the petition, it has been stated that the petitioner herein was assaulted by his step son Sathish and his wife Logeswari with wooden log, pursuant to a dispute over the property. In the said occurrence, her husband, who is an aged person was also injured. Hence, the petitioner lodged a complaint, in this regard on 02.01.2016. But, till date, no action has been taken on the said complaint. Hence, the present criminal original petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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4. The learned Additional Public Prosecutor submitted that earlier the counter petitioner Logeswari had lodged a complaint as against the petitioner and others and the same was assigned C.S.R.No.907 of 2015 and during the course of enquiry, the parties agreed to settle amicably between themselves. Hence, the complaint given by the petitioner has been closed.

5. The learned counsel for the petitioner submitted that Logeswari and Sathis assaulted the petitioner with wooden log. He further submitted that no enquiry was conducted on the complaint lodged by the petitioner against the Logeswari. Thus, he sought for suitable direction.

6. Considering the submissions made on either side, this Court directs the respondent police to conduct enquiry on the complaint of the petitioner dated 02.01.2016 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

7. This criminal original petition is disposed of accordingly.

mrp -s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To:

1. The Inspector of Police, S14 Peerkkankaranai Police Station, Chennai- 600 063

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.N.Naresh, Advocate SR 4650 rsy(co) prk16/2 Crl.O.P.No.804 of 2016 https://hcservices.ecourts.gov.in/hcservices/