J. Kumaresan, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.8345 of 2016 J.Kumaresan

...Petitioner

Vs.

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

2.The Inspector of Police, E-5, Sholavaram Police Station, Sholavaram, Chennai.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the second respondent to register the petitioner's complaint dated 20.11.2014, in accordance with law. For Petitioner : Mr.T.Arul For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the second respondent to register the petitioner's complaint dated 20.11.2014.

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

3. It is seen that this petitioner has lodged a complaint dated 20.11.2014, alleging that he was assaulted by the opposite party. Since the police did not take any action, this petitioner filed Crl.OP.No.27449 of 2015, in which, this Court has passed the following order on 06.11.2015:

"4. In view of the submissions made on either side, this Court directs the 2nd respondent to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the 2nd respondent is directed to proceed further in accordance with law, as early as possible.

5. This criminal original petition is disposed of accordingly."

4. It is the grievance of the petitioner that despite the order passed by this Court on 06.11.2015, the police have not taken any action.

5. The learned Additional Public Prosecutor submitted that, since the petitioner is not co-operating with the enquiry, the Police are not able to proceed further. He further submitted that on 26.02.2016, this petitioner has given another complaint to the Superintendent of Police, Tiruvallur District, which has been forwarded to the second respondent-Police and even thereafter, the petitioner is not co-operating with the enquiry.

6. Under such circumstances, the petitioner is directed to appear before the second respondent-Police and co-operate with the enquiry. The second respondent-Police is directed to conduct enquiry on the complaint given by the petitioner, either register an FIR or close the case under due intimation to the petitioner.

With the above direction, this Criminal Original Petition is closed.

ds Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police, E-5, Sholavaram Police Station, Sholavaram, Chennai.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.T.Arul, Advocate Sr 33794 KR/1/7/16 Crl.O.P.No.8345 of 2016