Madras High CourtCRL OP/860/2023dismissed

P.Mathiyazhagan v. Inspector Of Police

2023-01-12Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN P.Mathiyazhagan ... Petitioner Vs.

State rep by The Inspector of Police, Vaitheeswaran Koil Police Station, Myladuthurai District.

... Respondents PRAYER :

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to register the petitioner's complaint dated 28.03.2022.

For Petitioner : Mr.A.Balamurugan For Respondents : Mr.S.Santhosh, Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the respondent police to register the petitioner's complaint dated 28.03.2022. 1/4

2. The learned counsel for the petitioner submitted that the petitioner got license to quarry soudu sand in Survey No.41/3, 41/4, 41/5 and 41/6 in Kondathur Village. One Senthilkumar is preventing the petitioner from quarrying the soudu sand with rowdy elements. He has threatened the land owner, A.Kaliyaperumal and had stolen more than 400 lorry of soudu sand and removed the sand from the land. He also threatened the petitioner stating that he would eliminate the petitioner with the help of coolie gang. The learned counsel for the petitioner further submitted that a civil case is also pending against him. It was also submitted that despite the complaint dated 28.03.2022, the respondent police did not register the FIR, which necessitated the filing of this petition.

3. In response, the learned Government Advocate (Criminal side) submitted that on the basis of the complaint given by the petitioner, CSR No.241 of 2022 was registered and on 28.03.2022 several summons were issued to the petitioner for his appearance for enquiry. However, the petitioner has not responded to even one of those summons. Since there was no cooperation from the petitioner, CSR enquiry was closed. 2/4

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

5. Recording the submission, this petition is dismissed with liberty to the petitioner to approach the respondent with a fresh complaint. On the receipt of such complaint, the respondent police is directed to take appropriate legal action in the manner known to law.

12.01.2023 nsa To 1.The Inspector of Police, Vaitheeswaran Koil Police Station, Myladuthurai District.

2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN ,J.

nsa 12.01.2023 4/4