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Madras High CourtCRL OP/14126/2015closed

R.Manju v. The Sub Inspector Of Police

2015-09-21Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.14126 of 2015 & M.P.No.1 of 2015 & Crl.OP.33066 of 2014 and M.P.No.1 of 2015 & Crl.OP.33071 of 2014 and M.P.No.1 of 2015.

Crl.OPs.14126 of 2015 &Crl.OP.33066 of 2014 R.Manju .. Petitioner in Crl.OP.14126 of 2015 & Crl.OP.33066 of 2014 Vs.

1.The Sub Inspector of Police E8, Kelambakkam Police Station, Kancheepuram District.

.. 1st Respondent in both Crl.OPs.

2.V.Suryanarayanan .. Intervenor (R2 impleaded as per the order of this Court dated 24.08.2015 made in M.P.Nos.1 of 2015 in Crl.OPs.14126/2015 & 33066 of 2014) Crl.OP.33071 of 2014 A.P.Ravi ..

Petitioner Vs.

1. The Superintendent of Police Kancheepuram District, Kancheepuram.

2.The Sub Inspector of Police E8, Kelambakkam Police Station, Kancheepuram District.

..

Respondents

3. V.Suryanarayanan ..

Intervenor (R3 impleaded as per the order of this Court dated 24.08.2015 made in M.P.1 of 2015 in Crl.

OP.No.33071 of 2015)

Prayer in Crl.OPs.14126 of 2015 &Crl.OP.33066 of 2014: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to register the petitioner complaint dated 14.05.2015, 29.11.2013 in CSR Nos.181 of 2015, 417 of 2014 on the file of the respondent.

Prayer in Crl.OP.33071 of 2014: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to forward the complaint to the 2nd respondent to register the petitioner complaint dated 29.11.2013 in Serial No.3426 of 2014 on the file of the 1st respondent.

For Petitioner : Mr.P.Chandrasekar For Respondents : Mr.C.Emalias, Addl. Public Prosecutor For Intervenor : Mr.D.Bennington in all Crl.OPs.

( No appearance) COMMON ORDER These criminal original petitions have been filed to register the petitioner complaint dated 14.05.2015, 29.11.2013 in CSR Nos.181 of 2015, 417 of 2014 on the file of the respondent and to direct the respondent to forward the complaint to the 2nd respondent to register the petitioner complaint dated 29.11.2013 in Serial No.3426 of 2014 on the file of the 1st respondent.

2. Heard the learned counsel appearing for the petitioners in all Crl.OPs. and the learned Additional Public Prosecutor appearing for the respondents in all Crl.OPs.

3. For the sake of convenience, the parties will be referred to by their name.

4. According to the petitioners R.Manju & A.P.Ravi, the former entered into a lease agreement with V.Suryanarayanan dated 11.02.2012 and she was running a ladies hostel in the premises at New Door No.152/18, Old door No.99/2, Pazhandiamman Kovil Street, No.34, Egattur, Kanchi District - 603 103.

5. While so, it is represented by the learned counsel for the petitioners that the said Suryanarayanan had forcibly taken possession of the lease property even before expiry of the lease period and that, he is holding possession of the movable properties belonging to the petitioners. In this regard, several complaints have been given to the police by both sides and the respondent police registered a case in CSR Nos.417 of 2013, 72/2014, 396/2014 and 181 of 2015 and in Crime No.650 of 2014 on 14.11.2012 for an offence under Section 107 Cr.P.C against the petitioners and Suryanarayanan and referred the matter to the R.D.O, Chengalpattu. By an order dated 20.05.2015, the said R.D.O

held that the dispute is essentially between the landlord and tenant and advised them to approach the Civil Court for remedies.

6. The learned counsel appearing for the petitioners submits that the movable properties of the petitioners are retained by the said V.Suryanarayanan.

7. This Court is of the view that it will serve the interest of justice, if the Deputy Superintendent of Police, E8- Kelambakkam Police Station, Mahabalipuram, Kanchipuram District, under whose jurisdiction falls, be directed to conduct enquiry.

8. In the result, this Court directs the Deputy Superintendent of Police, E8 - Kelambakkam Police Station, Mahabalipuram, Kanchipuram District, to conduct enquiry in all the CSRs and also with regard to the allegation of the petitioners that the movable properties of the petitioner are being illegally retained by the Suryanarayanan and action be taken in accordance with law. With the above direction, the criminal original petitions are closed. Consequently, connected miscellaneous petitions are closed. -sd/- ASSISTANT REGISTRAR / TRUE COPY / SUB-ASSISTANT REGISTRAR sms To

1. The Superintendent of Police Kancheepuram District, Kancheepuram.

2.The Sub Inspector of Police E8, Kelambakkam Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

+2 CC to MR. P.CHANDRASEKAR ADVOCATE. SR.NO. 51276 CRL.OP.No.14126 of 2015 & M.P.No.1 of 2015 & Crl.OP.33066 of 2014 & M.P.No.1 of 2015 & Crl.OP.33071 of 2014 & M.P.No.1 of 2015.

CO-EU JD 07/10/2015