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Madras High CourtCRL OP/14569/2015closed

H.Gopinathan v. The Collector

2015-08-10Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-8-2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14569 of 2015 H. Gopinathan .. Petitioner Vs 1.

The Collector, Vellore, Vellore District.

2.

The Sub Collector, Tirupattur, Vellore District.

3.

The Tahsildar, Natrampalli Taluk Office, Natrampalli, Vellore District.

4.

The State, rep.by The District Superintendent of POlice, Vellore, Vellore District.

5.

The State rep.by The Deputy Superintendent of Police, Land Grabbing Special Cell, Vellore - 9.

6.

The State rep.by The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellore District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 6th respondent and the complaint was sent to the 1st Respondent dated 27.10.2014 and the same were forwarded to the 5th respondent and monitor the matter and investigate the same by the 5th Respondent.

For Petitioner :

Mr.S.Paul Gnanamuthu For Respondents : Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the 5th respondent to monitor and investigate the complaint dated 27.10.2014 sent to the first respondent.

https://hcservices.ecourts.gov.in/hcservices/

2.

Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the State.

3.

The learned Additional Public Prosecutor submitted that the complaint dated 27.10.2014 has been given to the District Collector, which cannot be enquired into by the Police, and hence the petitioner may be directed to give a fresh complaint to the 5th respondent and the same will be investigated in accordance with law. 4.

In view of the said submission, the petitioner is directed to give a fresh complaint to the 5th respondent along with the report of the Tahsildar and on such complaint being made, the same shall be enquired into, and during the course of the enquiry, if any cognizable offence is made out, a regular case shall be registered, following the law laid down by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1.

The Criminal Original Petition is closed with the above direction.

vr s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.

The Collector, Vellore, Vellore District.

2.

The Sub Collector,Tirupattur, Vellore District. 3.

The Tahsildar, Natrampalli Taluk Office, Natrampalli, Vellore District.

4.

The District Superintendent of Police, Vellore, Vellore District. 5.

The Deputy Superintendent of Police, Land Grabbing Special Cell, Vellore - 9.

6.

The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellore District.

7.

The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Paul Gnanamuthu, Advocate SR 41930 ts(co) prk26/8 Crl.O.P No.14569 of 2015 https://hcservices.ecourts.gov.in/hcservices/