2022 Supreme(Online)(Mad) 82821
MADRAS HIGH COURT
Honourable Mr Justice M. NIRMAL KUMAR
K.JAYACHANDRAN – Appellant
Versus
COMMISSIONER OF POLICE – Respondent
CRL OP/26023/2021
The police are obligated to investigate complaints and proceed with matters in accordance with law.
Headnote:
Fact of the Case:
The petitioner, a tenant, filed a complaint with the police alleging that his landlord was attempting to forcibly evict him from the property. The police failed to take any action on the complaint.
Finding of the Court:
The court directed the petitioner to appear before the police on a specified date and directed the police to conduct an inquiry and proceed with the matter in accordance with law.
Issues: Whether the police were obligated to investigate the petitioner's complaint.
Ratio Decidendi: The court held that the police were obligated to investigate the petitioner's complaint and proceed with the matter in accordance with law.
Final Decision: The court directed the police to conduct an inquiry and proceed with the matter in accordance with law.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.NO.26023 OF 2021
K.Jayachandran
...Petitioner / Defacto Complainant
Versus
1.The Commissioner of Police,
Greater Chennai, Vepery,
Chennai – 600 007.
2.The Inspector of Police,
P-2, Oteri Police Station,
Chennai – 600 012.
...Respondents / Complainants
PRAYER : Criminal Original Petition has been filed under Section
482 of the Code of Criminal Procedure to direct the Respondent
police to investigate the case and register a case as against
the accused person based on the petitioner's complaint dated
18.12.2021.
For Petitioner
:
Mr.K.Venkateswaran
For Respondents
:
Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
This criminal original petition has been filed to direct the
Respondent police to investigate and register a case as against
the accused person based on the petitioner's complaint dated
18.12.2021.
2.The grievance of the petitioner is that the petitioner is
a tenant under one Loganathan. There is some tenancy dispute.
The said Loganathan is attempting to forcibly evict him from the
property and the petitioner is aged and pensioner person. In
this regard, the petitioner lodged a complaint to the
Commissioner of Police and marked the copy of the complaint to
the respondent police but failed to take any action. In support
of his contention, he enclosed the copy of the complaint and
photographs of the premises. Further, the petitioner's
apprehension is that he is being forcibly thrown away from there.
https://hcservices.ecourts.gov.in/hcservices/
3.The learned Additional Public Prosecutor appearing for the
respondents submits that there is no complaint pending with them
and the second respondent police issued CSR No.1056 of 2021.
4.The counsel for the petitioner, on instructions, submits
that the petitioner is ready and willing to appear before the
respondent police on any given date.
5.In view of the same, the petitioner is directed to appear
before the respondent police on 10.01.2022 along with the
necessary documents. Thereafter, the respondent police is
directed to cause enquiry and if the landlord and tenant dispute
is found, not to interfere with the civil dispute and allowing
the petitioner as well as the landlord viz., Loganathan to
approach the appropriate Forum for seeking their remedy. Other
wise, the respondent police is directed to enquire and proceed
with the matter in accordance with law preferably.
6.With the abovesaid directions, the criminal original
petition is disposed of.
Sd/-
Assistant Registrar(CO)
// True Copy //
Sub Assistant Registrar
sms
To
1.The Commissioner of Police,
Greater Chennai, Vepery,
Chennai – 600 007.
2.The Inspector of Police,
P-2, Oteri Police Station,
Chennai – 600 012.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.K.Venkateswaran, Advocate SR.No.198
CRL.O.P.No.26023 of 2021
GJ(CO)
RVM(07/01/2022)
https://hcservices.ecourts.gov.in/hcservices/