P.R.Thiyagarajan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN P.R.Thiyagarajan ... Petitioner Vs.

1. The Commissioner of Police, Tambaram City Police, Solinganallur, Chennai.

2. Assistatnt Commissioner of Police, Pallavaram, Tambaram City Police, Pallavaram, Chennai.

3. The State Rep. by, The Inspector of Police, Pallavaram Police Station, Tambaram City Police, Chennai.

...Respondents

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register a FIR on the complaint dated 3rd December 2022 lodged by the petitioner before the third respondent police and to investigate and take action on the complaint. For Petitioner : Mr.C.Arivazhagan For Respondents : Mr.S.Santhosh, Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondent police to register a FIR on the complaint dated 3rd December 2022 lodged by the petitioner before the third respondent police and to investigate and take action on the complaint.

2. The learned counsel for the petitioner submitted that the petitioner is a tenant under M/s. Kamatchi, with whom the petitioner had paid advance and regularly paying monthly rent. However, the landlord is trying to forcibly evict the petitioner from the premises. In this regard, he had given a complaint on 03.12.2022 to the 3rd respondent. Since, no action is taken, present petition is filed.

3. In response, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that the complaint dated 03.12.2022 was not received by the 3rd respondent.

4. Considered the rival submissions. It is seen from the complaint 2/4

allegations that the petitioner had just stated that one Moorthi had sent notice to the petitioner. When the petitioner enquired the landlord/kamatchi about the legal notice, she had threatened and caused disturbance to the petitioner and also she had locked the door of the shop. Except these allegations, no other allegations were made against the landlord.

5. In view of the submissions made by the learned Government Advocate (Crl. Side), this Court advices the petitioner to file a fresh complaint before the 3rd respondent. On such receipt, the 3rd respondent is directed to proceed in accordance with law.

6. With the above directions, this Criminal Original Petition is disposed of.

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G.CHANDRASEKHARAN ,J.

Sma To 1.1. The Commissioner of Police, Tambaram City Police, Solinganallur, Chennai.

2. Assistatnt Commissioner of Police, Pallavaram, Tambaram City Police, Pallavaram, Chennai.

3. The Inspector of Police, Pallavaram Police Station, Tambaram City Police, Chennai.

4. The Public Prosecutor, High Court of Madras.

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