Madras High CourtCRL OP(MD)/11274/2018disposed of

Selva Rajappan v. The Superintendent Of Police

2018-07-09Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.11274 of 2018 Selva Rajappan ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Colachel Police Station, Kanyakumari District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to register First Information Report on the complaint of the petitioner dated 21.03.2018. For Petitioner : Mr.Ramasamy For Mr.C.T.Perumal For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

ORDER

According to the petitioner, he has preferred a complaint to the respondent police, alleging that the proposed accused has demanded exorbitant interest from the petitioner. But the said complaint has not been enquired and the same is still pending. Hence, the present Criminal Original Petition has been filed with the aforesaid prayer.

2.The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner has not appeared for the enquiry. If the petitioner will co-operate with the enquiry and place all the documents before the respondent police, the respondent shall proceed in accordance with law. 3.The learned counsel appearing for the petitioner undertakes that he will co-operate with the enquiry and appear before the respondent police as and when he received summons. 4.Considering the above, this Court is inclined to pass the following order:- (i) The petitioner is directed to appear before the second respondent along with necessary materials on 17.07.2018. (ii) On such appearance of the petitioner, the second https://hcservices.ecourts.gov.in/hcservices/

respondent shall conduct enquiry.

(iii) If the enquiry reveals any cognizable offence, the second respondent shall register the complaint and proceed in accordance with law. On the other hand, if there is no cognizable offence is made out, the second respondent shall drop further proceedings.

(iv) If the petitioner did not appear on the said date, the complaint shall be closed.

5.Accordingly, this Criminal Original Petition is disposed of with the above direction.

Sd/ Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Colachel Police Station, Kanyakumari District.

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

+1cc to Mr.C.T.PERUMAL, Advocate, SR.No. 72016 Crl.O.P.(MD)No.11274 of 2018 09.07.2018 MYR KK/RP/SAR-3/16.07.2018/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/