T.Lawrance Prabhu v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 14.06.2023

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.

31802 of 20 T.Lawrance Prabhu ... Petitioner

Versus

The Sub Inspector of Police, Jayankondam Police Station, Ariyalur District.

... Respondent PRAYER : Criminal Original petition filed under Section 482 Cr.P.C. praying to direct the respondent herein to register an F.I.R. on the basis of the petitioner's complaint dated 15.11.2022 vide CSR No.1136/2022 within the time stipulated by this Court.

For Petitioner : Mr.M.Prabhakaran For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioner seeking a direction to the respondent herein to register an F.I.R. on the basis of the petitioner's 1/4

complaint dated 15.11.2022 vide C.S.R.No.1136/2022 within the time stipulated by this Court.

2. The petitioner is a practicing Advocate before the Combined Courts at Jayankodam. He lodged a complaint that one Dharmalingam, who hails from Nagampanthalai, wearing coat and acting as Advocate's clerk and appearing before the Combined Court without any authorisation. He lodged a complaint to the learned Judicial Magistrate-II, Jeyankondam and a copy to the respondent police. On the petitioner's complaint, the respondent has not taken any action. Hence, the above petition.

3. Learned Additional Pubic Prosecutor submits that on the complaint of the petitioner enquiry was conducted. During enquiry, one Ne.Selastin Clauster, Advocate of Jayankondam appeared along with Dharmalingam stating that V.Dharmalingam, son of (Late) Velmurugan has been working in his office for the past two years as a clerk and also helping 2/4

him in bringing the case files from his office to the Court. From the enquiry, it revealed that the said Dharmalingam is only acting as an authorised clerk of Ne.Selastin Clauster, Advocate.

4. Considering the submissions made and on a perusal of the material it is seen that the said Dharmalingam has been authorised by one Ne.Selastin Clauster and employed as clerk to him. On the complaint given by the petitioner, C.S.R. No.1136 of 2022 was assigned on 15.11.2022. Thereafter enquiry conducted and CSR closed. In view of the same, nothing survives in this Criminal Original Petition and the same is dismissed. 14.06.2023 Index : Yes / No Internet : Yes/No Speaking / Non-speaking order rsi 3/4

M.NIRMAL KUMAR , J.

rsi To 1.The Sub Inspector of Police, Jayankondam Police Station, Ariyalur District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.

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