M.I.Abubakkar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN M.I.Abubakkar ... Petitioner Vs.

1.The Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.

3.The State rep by its, The Inspector of Police, B1 Town Police Station, Dharmapuri, Dharmapuri District.

... Respondents PRAYER :

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents to register the FIR based on the petitioner's complaint dated 15.12.2022 and conduct enquiry.

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

ORDER

This Criminal Original Petition has been filed to direct the respondents to register the FIR based on the petitioner's complaint dated 15.12.2022 and conduct enquiry.

2. The learned counsel for the petitioner submitted that the petitioner had earlier given a complaint to the respondent police making allegations that certain persons are trying to disturb petitioner's possession and enjoyment of the property. In this regard, Crl.O.P.No.29049 of 2022 was filed. However, that was dismissed for the reason that the petition enquiry was conducted and closed. Subsequently, the petitioner has given complaint dated 15.12.2022 alleging that one D.M.Ameer Akbar and three others had been giving trouble in petitioner's textile business. They are threatening petitioner with rowdy elements and claiming right in the property. Therefore, the complaint was given. However, no action was taken on the basis of the complaint, leading to the filing of this petition.

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3. The learned Government Advocate (Criminal side) submitted that on the basis of the complaint dated 15.12.2022, the CSR enquiry was conducted in CSR.No.980 of 2022. The enquiry was closed on 27.12.2022 on the basis of the written undertaking given by the petitioner that he will seek remedy in the Civil case pending on the file of the District Court, Dharmapuri.

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

5. In view of the submissions made by the learned Government Advocate (Criminal side) this Court finds that there is no need to pass any positive orders in this petition. Therefore, this Criminal Original Petition is dismissed.

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To 1.The Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.

3.The Inspector of Police, B1 Town Police Station, Dharmapuri, Dharmapuri District.

4. The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

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