J. Krishnakumar Vs. State by, The Superintendent of Police, Coimbatore District

J. Krishnakumar vs State by, The Superintendent of Police, Coimbatore District

Type Court Judgment Court Chennai Decided Nov 30, 2015

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https://sooperkanoon.com/case/1178767

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Citation: sooperkanoon.com/1178767
Court: Chennai High Court
Judge: R. Subbiah
Decided On: Nov 30, 2015
Case Number: Crl.O.P.No. 28051 of 2015 & M.P.No. 1 of 2015
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

J. Krishnakumar

Respondent

State by, The Superintendent of Police, Coimbatore District

Excerpt

.....the petitioner on 27.08.2015. 2. the case of the petitioner is that there is an enmity between the petitioner and paternal uncle's family and a civil case is also pending between them. whileso, the petitioner's paternal uncle made a false complaint against the petitioner under pcr act, but the police after investigation closed the complaint as 'mistake of fact' and after that, the petitioner's paternal uncle induced his son-in-law one m.parvathakannan and the said m.parvathakannan frequently called upon the petitioner through his friends cellphones and threatened the petitioner and also sent threatening sms and giving mental torture to the petitioner. hence, the petitioner lodged a complaint on 27.08.2015, but, till date no action has been taken. hence, this petition. 3. today, when the matter is taken up for consideration, the learned additional public prosecutor submitted that if a complaint is given to the inspector of police, cyber crime branch, coimbatore city, necessary action would be taken. 4. i have heard the learned counsel appearing for the petitioner as well as the learned additional public prosecutor. 5. in view of the submissions made by the learned additional public prosecutor, this court directs the petitioner to give a fresh complaint along with a copy of this order to the inspector of police, cyber crime branch, coimbatore city within a period of one week from the date of receipt of a copy of this order and the inspector of police, cyber crime branch, coimbatore city on receipt of the same is directed to conduct enquiry on the same and upon enquiry, if materials are gathered indicating commission of any cognizable offence, is directed to proceed further in accordance with law, as early as possible. 6. with the above directions, the criminal original petition is disposed of. consequently, the connected miscellaneous petition is also closed.

Full Judgment

(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to register FIR against the named said persons on the basis of the complaint lodged by the petitioner on 27.08.2015.)

1. This petition is filed for a direction to the respondent to register FIR against the named persons on the basis of the complaint lodged by the petitioner on 27.08.2015.

2. The case of the petitioner is that there is an enmity between the petitioner and paternal uncle's family and a civil case is also pending between them. Whileso, the petitioner's paternal uncle made a false complaint against the petitioner under PCR Act, but the police after investigation closed the complaint as 'mistake of fact' and after that, the petitioner's paternal uncle induced his son-in-law one M.Parvathakannan and the said M.Parvathakannan frequently called upon the petitioner through his friends cellphones and threatened the petitioner and also sent threatening SMS and giving mental torture to the petitioner. Hence, the petitioner lodged a complaint on 27.08.2015, but, till date no action has been taken. Hence, this petition.

3. Today, when the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that if a complaint is given to the Inspector of Police, Cyber Crime Branch, Coimbatore City, necessary action would be taken.

4. I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor.

5. In view of the submissions made by the learned Additional Public Prosecutor, this Court directs the petitioner to give a fresh complaint along with a copy of this order to the Inspector of Police, Cyber Crime Branch, Coimbatore City within a period of one week from the date of receipt of a copy of this order and the Inspector of Police, Cyber Crime Branch, Coimbatore City on receipt of the same is directed to conduct enquiry on the same and upon enquiry, if materials are gathered indicating commission of any cognizable offence, is directed to proceed further in accordance with law, as early as possible.

6. With the above directions, the Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is also closed.

Same Court & Year Chennai · 2015 Same Parties J. Krishnakumar vs State by, The Superintendent of Police, Co... Same Subject MRTP Same Judge R. Subbiah