SELVARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a petition under section 482, Cr. P.C. The case of the petitioner is as follows:

(2.) On 3.3.1984 at 3.30 p.m. Tvl. Sambasivam and Vedachalam accompanied by Thiru Varadarajan retired constable, and three others came with deadly weapons, broke open the locks, trespassed in the rooms of the house of the petitioner, attacked the sister of the petitioner and took away the house hold articles belonging to the petitioners family. This fact was brought to the notice of C. 3 Seven Wells Police Station, where a written complaint was also filed alleging the commission of offences under sections 147, 447,324,380 and 427, I.P.C. and the police issued a receipt bearing No. 196/LP/84. But, no case was registered. The petitioner gave complaints and reminders to the Deputy Commissioner of Police on 12-3-1984, 28-3-1984 and 7-4-1984. A report was sent to the Honourable Chief Minister on 18-4-1 984. On 23-4-1984 another complaint was given to the Commissioner of Police. The Assistant Commissioner of Police-second respondent herein made on the spot inspection on 8-6-1984, and enquired into the incidents. Being satisfied about the genuineness of the complaint filed by the petitioner, he directed the assailants to return the articles forthwith and asked the Sub-Inspector of police C.3 police station to take prompt action. But no action was taken by the police either to restore to the petitioner the articles lost or to book the offenders and to commit them for trial. In spite of the direction given by the Assistant Commissioner of Police, no case was registered in respect of the complaint given by the petitioner. He accordingly prayed this Court to issue directions to the respondents to take effective steps as provided in law for registering the complaint given by him against Tvl. Sambasivam, Vedachalam and others, to investigate the same, to give protection to the petitioners family and briefly to direct the respondent to process the above said complaint in accordance with law.

(3.) The Public Prosecutor, who took notice on behalf of respondents took several adjournments. An order was passed on 2-5-1986, directing the respondents to inform immediately the petitioner about the steps taken in respect of the complaint given by the petitioner. In compliance of that order, a memo sifted by the Inspector of police, C. 3 Seven Wells Police Station, was filed by the Public Prosecutor, which memo reads as follows Office of the Inspector of Police, C. 3 Seven Wells P.S. Madras 79, dt. 10-6-86 Memo 1. M.P. No. 2775/86 dt. 31-1-1986. 2. KA/957/36248/86 of C.P.O. Madras, dt. 7-4-86. This is to inform you that your petition dt. 5-3-1984, has been registered in C. 3 Seven Wells P.S. Local petition No. 196/84 on 5-3-1984. This was enquired and referred as civil nature and directed to seek remedy in court on 29.5-84 by my predecessor. This is for your information. To Mr. Selvaraj 57, Mullah Sahib St, Madras-79