A. Sami Rasu v. Deputy Superintendent of Police & Another
2006-01-21
P.MURGESEN
body2006
DigiLaw.ai
Judgment :- 1. The petitioner seeks a direction of this Court to the second respondent to register the complaint dated 28.10.2005 preferred by the petitioner and to take action against the accused in accordance with law. 2. According to the learned counsel for the petitioner, the petitioner belonged to the Scheduled Caste Community and the petitioner's wife Vasuki was cheated by one Sivagnam for the tune of Rs.3,00,000. Therefore the petitioner's wife filed a complaint before the District Crime Branch Police, which was pending enquiry. While so, the counter petitioner's persons threatened the petitioner to withdraw the complaint pending before the District Crime Branch Police, otherwise the petitioner has to face dire consequences. Hence, on 28.10.2005, the petitioner went to the second respondent police and preferred a complaint and the copy was also sent to the first respondent. But so far, they have not taken any action on his complaint, which prompted the petitioner to file this Criminal Original Petition. 3. Heard the learned Government Advocate (Criminal Side) for the respondents. 4. It is settled law that as per the ruling of the Supreme Court in Mahindro v. State of Punjab and others, 2002 SCC (Cri.) 1087 and reiterated in the decision of this Court in Iyyankannu @ Kannan v. State and another, 2004 (5) CTC 335 : 2004 (2) LW (Cri.) 828, there cannot be any enquiry without registering a criminal case. 5. In view of the above decisions and considering the nature of the offence and facts and circumstances of the case, I think it is just and proper to direct the respondents to register the complaint on the basis of the petitioner's complaint referred to above, if the facts and circumstances warrant so, in accordance with law. 6. Accordingly, this Criminal Original Petition is disposed of.