Madras High CourtCRL OP/12284/2016closed

T.Padmavathy v. The Inspector Of Police

2016-06-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.12284 of 2016 T.Padmavathy

...Petitioner

Vs.

1.The State of Tamil Nadu, Represented by the Inspector of Police, Thiruvanmaiyur Police Station, Thiruvanmaiyur, Chennai.

2.Rajapushpam ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent to register the complaint of the petitioner dated 05.05.2016 in CSR.No.155 of 2016 on their file.

For Petitioner : Mr.V.Shanmugham For Respondent [R1] : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the first respondent to register the complaint dated 05.05.2016 given by the petitioner in CSR.No.155 of 2016.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the first respondent.

3. It is seen that this petitioner had obtained the property in question in a Court sale, and she was directed to be put in possession of the property by the Debts Recovery Tribunal-I, Chennai, which had appointed an Advocate Commissioner to effect the transfer. The Advocate Commissioner has inspected the property and had sealed and locked the premises on 29.10.2015. It is alleged by the petitioner that the opposite party had broken open the seal and had illegally entered into the property.

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4. The learned Additional Public Prosecutor submits that, petition enquiry was conducted in CSR.No.115 of 2016 and was closed on 11.05.2016.

5. In the case of this nature, there is violation of Court orders. The respondent Police cannot perfunctorily close the complaint on the ground that civil suits are pending. Hence, the respondent Police is directed to reopen and conduct thorough enquiry and take action in accordance with law. With the above direction, this Criminal Original Petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Thiruvanmaiyur Police Station, Thiruvanmaiyur, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.Shanmugam Advocate sr.34307 Crl.O.P.No.12284 of 2016 mg(co) aa29/06/2016 https://hcservices.ecourts.gov.in/hcservices/