K.Jothilingam v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.11563 of 2016 K.Jothilingam

...Petitioner

Vs.

The State Rep. by The Inspector of Police (Law and Order) R-7, K.K.Nagar Police Station, Chennai-600 078.

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent herein to register the pending complaint dated 06.05.2016.

*** For Petitioner : Mr. E.Sivanandan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent herein to register the complaint dated 06.05.2016.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the Respondent.

3. On reading of the complaint dated 06.05.2016, it is seen that the dispute is essentially between the landlord and tenant. Further, even in the complaint dated 06.05.2016, the petitioner/tenant made an allegation against the landlord that the landlord trespassed into the property and requested to give permission for conducting Fast. This representation has been given during the pendency of election to the Tamil Nadu Assembly and therefore, the police had no authority to give permission.

In view of the fact that litigation is pending between the petitioner and the landlord, no positive direction can be https://hcservices.ecourts.gov.in/hcservices/

given to the police to register the complaint. Hence, this criminal original petition is closed with liberty to the petitioner to workout his remedy in the manner known to law. sms Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.

The State Rep. by The Inspector of Police (Law and Order) R-7, K.K.Nagar Police Station, Chennai-600 078.

2.

The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.E.Sivanandan, Advocate Sr 32090 KR/1/7/16 Crl.OP.No.11563 of 2016 https://hcservices.ecourts.gov.in/hcservices/