Petitioner sought direction to register a complaint regarding disconnection of electricity. Court dismissed the petition as vexatious because the alleged tenant's father died in 1987. Applicant ordered to pay costs.
Petitioner to pay Rs. 1,000 to Tamil Nadu Legal Services Authority.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.6543 of 2016
Muthamil Selvan .. Petitioner
Vs.
State by
1.The Deputy Commissioner of Police,
Thiyagarajanagar,
Chennai – 17.
2.The Assistant Commissioner of Police,
Teynampet Range,
Chennai.
3.The Inspector of Police,
Soundarpandiannagar Angadi Police Station,
Chennai – 600 017. .. Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent to register the complaint dated 12.03.2016 against PKM Syed Ibrahim.
For Petitioner : Mr.R.Chanthirakumar
For Respondent : Mr.C.Emalias
Addl. Public Prosecutor
The petitioner has come forward with this petition seeking for a direction to the third respondent to register a case pertaining to the petitioner's complaint dated 12.03.2016.
2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 12.03.2016 stating that he is a tenant under PKM Syed Ibrahim, who is the father of the landlady and without intimation, electricity connection has been disconnected on 08.03.2016. But
the respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief.
4.Considering the rival submissions made on both sides and since the said PKM Syed Ibrahim has already died even in the year 1987, the complaint itself is vexatious. Hence, the Criminal Original Petition is dismissed with cost. The petitioner is directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) to the Tamil Nadu Legal Services Authority, High Court, Madras.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
To
1.The Deputy Commissioner of Police,
Thiyagarajanagar,
Chennai – 17.
2.The Assistant Commissioner of Police,
Teynampet Range,
Chennai.
3.The Inspector of Police,
Soundarpandiannagar Angadi Police Station,
Chennai – 600 017.
4.The Public Prosecutor
High Court, Chennai.
copy to:
The Secretary
Tamil Nadu Legal Services
High Court, Madras
+1 cc to Mr.R.Chanthirakumar Advocate sr.23474 Crl.O.P.No.6543 of 2016 aa26/04/2016
1 issue framed by the court
Whether a complaint is maintainable when the alleged accused died in 1987.
1 provisions across 1 enactments
Muthamil Selvan
State by The Deputy Commissioner of Police, Thiyagarajanagar
State by The Assistant Commissioner of Police, Teynampet Range
State by The Inspector of Police, Soundarpandiannagar Angadi Police Station
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
