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Madras High CourtCRL OP/5138/2014dismissed

T.Kangeyan v. The Superintendent Of

2015-12-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.12.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.5138 of 2014 T.KANGEYAN ... PETITIONER VS 1 THE SUPERINTENDENT OF POLICE VILLUPURAM 2 THE INSPECTOR OF POLICE KELLEYANUR POLICE STATION, KELLEYANUR VANUR TALUK VILLUPURAM ... RESPONDENTS Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to give instruction to the 2nd respondent to register the complaint dt.28/02/2014 and take action against the said all accused. For Petitioner : Mr.A.Ramesh Manikandan For Respondents : Mr.K.Prabakar, GA [Crl. Side]

O R D E R

This petition has been filed to direct the 1st respondent to give instruction to the 2nd respondent to register the petitioner's complaint dated 28.02.2014.

2. It is seen that the petitioner has given a complaint on 28.02.2014 and this petition has been filed on the very same day and has been pending, since then. Hence, this Court perused the records.

3. On reading of the complaint, it is alleged by the petitioner that his daughter Anbukkarai purchased 8 acres of land and was cultivating the same. While so, one Thuraikannu was allowed to use water from the petitioner's pump set on payment of Rs.15,000/- per year, which he paid only for 3 years and thereafter, he did not make any payment. It is alleged by the petitioner that the said Thuraikannu had obtained electricity connection by producing some fake documents. The https://hcservices.ecourts.gov.in/hcservices/

petitioner has not stated, what fake documents has been produced by Thuraikannu for getting electricity connection. It is alleged by the petitioner that on 27.02.2014, Thuraikannu came with some persons and threatened the petitioner that he should not take any action for discontinuing the power connection.

4. On reading of the complaint, it is evident that this dispute is between neighbours and the petitioner has not even stated in his complaint, the period of time, during which the said Thuraikannu was permitted by the petitioner to use his pump set. The complaint has been allegedly sent by post on 28.02.2014 and on the same day, this petition has been filed.

5. Taking all these circumstances into consideration, this Court is of the view that this is not a fit case to issue any direction to the respondent police to register an FIR, as the complaint does not disclose commission of cognizable offence. In the result, this petition stands dismissed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar gya To 1.The Superintendent of Police, Villupuram 2.The Inspector of Police, Kelleyanur Police Station, Kelleyanur Vanur Taluk Villupuram CRL.OP.No.5138 of 2014 mp(co) aa06/01/2016 https://hcservices.ecourts.gov.in/hcservices/