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Madras High CourtCRL OP/9458/2016closed

S.Ravichandran v. The Inspector Of Police

2016-06-06Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.9458 of 2016 S.Ravichandran ... Petitioner Vs 1.The State rep by The Inspector of Police, E-1 Mylapore Police Station, Chennai-4.

2.The Assistant Commissioner of Police, Mylapore, Chennai-4.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent police to take the petitioner's complaint dated 10.04.2016 in CSR.No.454 of 2016 on file and register an FIR against the above named offendors for the offences committed by them and initiate prosecution.

For Petitioner : No appearance For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the 1st respondent to register FIR on the petitioner's complaint dated 10.04.2016 in CSR.No.454 of 2016.

2. May be on account of boycott of Courts, there is no representation on the side of the petitioner. However, in Harish Uppal [Ex.Capt.] Vs Union of India reported in [2003] 2 SCC 45, the Hon'ble Supreme Court has held that boycott of Courts is illegal and therefore, this Court went through the records and passed orders, on hearing the learned Additional Public Prosecutor.

3. On 06.06.2016, this Court passed the following order : "When the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that the opposite party is none other than the brother of the petitioner and there are several complaints given by one against the other. A case in Crime No.1124 of 2016 for offences under Sections 452, 427, 506(i) IPC has been registered against the petitioner on the complaint given by Vijayakumar. A case in Crime No.1125 of 2016 for offence under Sections 448, 323, 427 & 506(ii) IPC has been registered against Vijayakumar on the complaint given by the petitioner and a case in crime No.3412 of 2015 for offences under Sections 451, 427 & 506(i) has been registered against Vijayakumar on the complaint given by the petitioner. Apart from, several petitions enquiries are pending before the respondent.

2. Under such circumstances, this Court is of the view that it will be in the interest of justice, if the petitioner is directed to implead the said vijayakumar, Latha and Vinodhkumar as respondents, so that, the parties could be sent to Mediation Centre for arriving at amicable settlement. Adjourned by 20.06.2016. In the meantime, the

petitioner is directed to file impleading petition."

4. On 20.06.2016, this Court had directed the petitioner to comply with the order dated 06.06.2016 and file a petition for impleading Vijayakumar, Latha and Vinodhkumar as respondents. Despite the order, the petitioner has not filed and got numbered any impleading application.

5. Learned Additional Public Prosecutor submitted that on the complaint dated 10.04.2016 given by the petitioner, petition enquiry was conducted in CSR.No.454 of 2016 and the same was closed on 11.04.2016. A copy of the closure report is submitted.

Recording the same, this petition is closed, with liberty to the petitioner to workout his remedies in the manner known to law. 04.07.2016 gya To 1.The Inspector of Police, E-1 Mylapore Police Station, Chennai-4.

2.The Assistant Commissioner of Police, Mylapore, Chennai-4.

3.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J.

gya CRL.OP.No.9458 of 2016 04.07.2016