Madras High CourtCRL OP(MD)/2456/2018disposed of

D.Karthikeyan, v. The Inspector Of Police,

2018-03-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2456 of 2018 D.Karthikeyan ... Petitioner -Vs1. The State represented by The Inspector of Police, Thevaram police station, Theni District.

2. The Sub-Inspector of police, Kombai police station, Theni District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the respondent No.1 to register the case on the basis of the petitioner's complaint dated 31.01.2018 for the offence under Sections 294(b), 323, 307, 447 and 506(ii) of IPC.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the first respondent to register a case based on the complaint given by the petitioner dated 31.01.2018.

2. Heard the learned counsel appearing for the petitioner and the Government Advocate (Crl.Side) appearing on behalf of the respondents.

3. The learned counsel for the petitioner has submitted that on 25.01.2018, when the petitioner was in his house, the proposed accused persons trespassed into his house and abused him and also criminally intimidated him and caused injuries. Hence he lodged a complaint before the second respondent on 25.01.2018 and after receipt of the said complaint, the second respondent has issued CSR No.18 of 2018 and he has conducted enquiry and closed the same. He further submitted that subsequently, on 27.01.2018 at about 7.30 pm., the proposed accused persons wrongfully restrained the https://hcservices.ecourts.gov.in/hcservices/

petitioner and abused him and criminally intimidated him and hence he has lodged another complaint dated 31.01.2018 and with regard that no action has been taken.

4. The learned Government Advocate (Crl.Side) has submitted that with regard to the complaint dated 31.01.2018, enquiry is still pending.

5. Recording the aforesaid submissions, the first respondent is directed to enquire into the matter, if it reveals any cognizable offence, then he has to register a case and proceed in accordance with law.

6. Recording the aforesaid submissions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Thevaram police station, Theni District.

2. The Sub-Inspector of police, Kombai police station, Theni District.

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

+ 1 CC TO Mr.I.PINAYGASH, ADVOCATE IN SR No. 52536 PNN TE/KK/SAR-2 : 20/03/2018 : 2P/5C CRL.O.P.(MD)No.2456 of 2018 02.03.2018 https://hcservices.ecourts.gov.in/hcservices/