Madras High CourtCRL OP(MD)/9442/2016disposed of

R. Andrew Santhosh Prabu v. The Superintendent Of Police

2016-06-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9442 of 2016 R.Andrew Santhosh Prabu ... Petitioner -Vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the 1st respondent to instruct the 2nd respondent to register a case / FIR on the complaint given by the petitioner dated 17.05.2016 lodged with the 1st respondent and investigate into the matter in accordance with law.

For Petitioner : Mr.N.Sathishbabu For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 17.05.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The sum and substance of the complaint of the petitioner is that the petitioner rented out his shop to the proposed accused. The proposed accused have not paid rent for the past nine years. When the petitioner asked to vacate the property and hand over possession, they refused to vacate the same and criminally intimidated to do away with life. As there was no case registered, the petitioner has come up with this petition.

4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending.

5.In view of the above submission, the second respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the second respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC). In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week https://hcservices.ecourts.gov.in/hcservices/

of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/ Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District.

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

+1cc to M/S.N.Sathish Babu, Advocate in SR.No.31491 Crl.O.P.(MD).No.9442 of 2016 20.06.2016 mj PA/KBM/29.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/