Madras High Court
I.Arumugam vs The State Rep. By on 16 November, 2015
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.11.2015 CORAM: THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.27585 of 2015 I.Arumugam ... Petitioner Vs. The State rep. by The Inspector of Police, J-1, Police Station, Saidapet, Chennai-15. ... Respondent Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent-Police herein to register the petitioner's complaint dated 27.07.2015 in accordance with law. For Petitioner :Mr.G.Jeremiah For Respondent :Mr.C.Emalias, APP * * * * * ORDER
This petition has been filed seeking to direct the respondent-Police to register the petitioner's complaint dated 27.07.2015 in accordance with law.
2.In the affidavit filed in support of this petition, it has been stated by the petitioner that he is residing along with his family in the 1st floor of the premises bearing Door No.43/2, Subramaniya Madali Street, Chennai. In the 2nd floor of the said premises, one Mrs.Saradha is residing along with his family. Every floor of the said premises is having separate hand pump for the purpose of utilizing the Corporation Water. However, the said Mrs.Saradha attempted to install an electrical motor for the purpose of pumping corporation water to their over head tank. While so, on 26.07.2015, the said Sarada voluntarily abused the petitioner and his wife with unparliamentary words, by stating that the petitioner complained to the corporation authorities with regard to her illegal installation of electric motor for taking corporation water. She further threatened the petitioner with dire consequence. In this regard, a complaint was lodged by the petitioner with the respondent-Police on 27.07.2015; but, no action was taken by the respondent-Police. Hence, the petitioner has come forward with the present petition before this Court.
3.Heard both sides. The learned Additional Public Prosecutor submitted that the complaint was sent through post and that if a fresh complaint is given by the petitioner, the respondent-Police will take necessary action.
4.Considering the facts and circumstances of the case, this Court passes the following order:-
The petitioner is directed to give a fresh complaint to the respondent-Police, along with a copy of this order, within a period of one week, from the date of receipt of a copy of this order. On receipt of such complaint, the respondent-Police is directed to conduct an enquiry and if any cognizable offence is made out, the respondent-Police is directed to register a case and proceed further in accordance with law. If no cognizable offence is made out, the respondent-Police is directed to act in accordance with law. The respondent-police is directed to complete the process, as early as possible. With the above directions, the criminal original petition is disposed of.
16.11.2015 Index : Yes / No Internet : Yes / No ssv To,
1.The Inspector of Police, J-1, Police Station, Saidapet, Chennai-15.
2.The Public Prosecutor, High Court, Madras.
R.SUBBIAH, J.
ssv Crl.O.P.No.27585 of 2015 16.11.2015