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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/

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