Madras High CourtCRL OP(MD)/2134/2018disposed of

Sivanathan v. The Superintendent Of Police

2018-02-15Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2134 of 2018 Sivanathan : Petitioner -Vs1. The Superintendent of Police, Madurai City, Madurai.

2. The Inspector of Police, Samayanallur Police Station, Madurai.

: Respondents PRAYER: Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register the complaint dated 28.01.2018 preferred by the petitioner for the offences punishable under Sections 457, 380 of I.P.C and to take action against the accused persons in accordance with law.

For Petitioner : Mr.R.Gandhi For Respondents : Mr.Prabhu Ramachandran Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to register a case based upon the complaint given by the petitioner dated 28.01.2018.

2.The learned counsel appearing for the petitioner has submitted that the petitioner is working as a container driver. He has parked the container lorry bearing Registration No.TN 01 AH 8429, near Bharath Petroleum Bunk, situated at Pallikondan toll gate. Thereafter, he started his journey and arrived at Madurai on 28.01.2018 at about 02.15pm. He found that the seal of the container was broke open and another lock was put up by some unknown persons. On opening the said lock, it was found that 46 boxes of Haier Appliances were stolen worth about Rs.2,26,833/- were stolen. Hence, the petitioner has lodged a complaint before the second respondent on 28.01.2018. He further submitted that only on 14.02.2018, the petitioner has received summons from the third respondent to appear for enquiry on 16.02.2018. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl.Side) appearing for the respondents has submitted that enquiry is still pending. 4.Considering the aforesaid submissions, the petitioner directed to appear before the second respondent in presence of the summons issued by the second respondent and on such appearance the second respondent has to enquire the matter and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law.

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai City, Madurai.

2. The Inspector of Police, Samayanallur Police Station, Madurai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.R.GANDHI, ADVOCATE IN SR No. 49056 DAS TE/SV-MMS/SAR-4 : 23/02/2018 : 2P/5C CRL.O.P.(MD)No. 2134 of 2018 15.02.2018 https://hcservices.ecourts.gov.in/hcservices/