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Madras High CourtCRL OP/373/2023disposed of

Madesh v. The State Rep.By

2023-01-06Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Madesh

...Petitioner

Vs.

1.The State rep by The Superintendent of Police, SP Office Campus, Krishnagiri District.

2.The State rep by The Inspector of Police, Pochampalli Police Station, Krishnagiri District.

... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent to register the petitioner complaint dated 12.08.2022 made to the respondent immediately and to investigate the same in accordance with the law.

For Petitioner : Mr.M.Vignesh For Respondents : Mr.S.Santhosh, Government Advocate (crl.side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register the petitioner complaint dated 12.08.2022 made to the respondent immediately and to investigate the same in accordance with the law.

2. The learned counsel for the petitioner submitted that the petitioner gave a complaint to the respondent police on 12.08.2022 alleging that the accused had stolen coconuts from his coconut trees and when that was questioned by the petitioner, the accused made death threat. Since no action has been taken, this petition is filed.

3. The learned Government Advocate (Criminal side) submitted that on the basis of the complaint given by the petitioner, CSR No.181 of 2022 was conducted. During the course of enquiry, the parties have entered into settlement and the petitioner had given written statement stating that in view of the settlement, he does not want any further action on the basis of the complaint. Hence the complaint was closed.

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4. The learned counsel for the petitioner submitted that the aforesaid statement was obtained from the petitioner under threat.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent.

6. On considering the submission made by the learned counsel for the petitioner that the statement of the petitioner was obtained under threat, this Court grant liberty to the petitioner to work out his remedy in the manner known to law.

7. Accordingly, this petition is disposed of with the liberty to the petitioner to work out his remedy in the matter known to law. 06.01.2023 nsa 3/5

To 1.The Superintendent of Police, SP Office Campus, Krishnagiri District.

2.The Inspector of Police, Pochampalli Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

nsa 06.01.2023 5/5