Spn.Sathyamurthy v. The Assistant Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Writ Petition No.29167 of 2019 SPN Sathyamurthy (Managing Partner, East-West Resorts) (Sathyam Grand Hotels) No.145, Chennai - Bangalore Highways Sriperumpudur Kancheepuram District.

... Petitioner Vs.

1.The Assistant Superintendent of Police Sriperumpudur Sub Division Kancheepuram District.

2.James Fredrick S/o Samuel No.5/42, Marutha Apartments 13th Avenue, Harrington Road Chetpet, Chennai - 600 031.

...Respondents

PRAYER:

This Writ Petition has been filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus to call for the records forming part of the impugned notice dated 29.09.2019 in C.No.186/SDO/SPR/2019 on the file of the 1st respondent herein and quash the same and consequently direct the 1st respondentto not to enquire into the false and frivolous complaints given by the 2nd respondent, to the 1st respondent which is purely civil in nature.

For Petitioner : Mr.V.Jayaprakahsh For 1st Respondent : Mr.K.Prabakar Additional Public Prosecutor For 2nd respondent :No Appearance 1/4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner is before this Court with the prayer to call for the records forming part of the impugned notice dated 29.09.2019 in C.No.186/SDO/SPR/2019 on the file of the 1st respondent herein and quash the same and consequently direct the 1st respondent to not to enquire into the false and frivolous complaints given by the 2nd respondent, to the 1st respondent which is purely civil in nature.

2.The learned Additional Public Prosecutor appearing for the 1st respondent would submit that the impugned notice dated 29.09.2019 in C.No.186/SDO/SPR/2019 is nothing but a summon issued to the petitioner herein to enquire into the complaint lodged by the 2nd respondent herein. It is only a summon and also the petitioner has sought for a direction that not to enquire into the false and frivolous complaints given by the 2nd respondent herein to the 1st respondent. Such a prayer cannot be maintainable in accordance with law. He further submitted that on the complaint lodged by the 2nd respondent, the 1st respondent already completed enquiry as early as on 25.02.2020. 3.Recording the said submission made by the learned Additional Public Prosecutor, the Writ Petition stands closed. No Costs. Consequently connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar jer To The Assistant Superintendent of Police Sriperumpudur Sub Division Kancheepuram District.

W.P.No.29167 of 2019 bs(co) aa11/09/2020 2/4 https://hcservices.ecourts.gov.in/hcservices/