J.D.Irudayaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2022

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5537 of 2022 J.D.Irudayaraj ... Petitioner Vs.

The State represented by its,

1. The Superintendent of Police, Ranipet District, Ranipet.

2. The Inspector of Police, Arakkonam Town Police Station, Arakkonam.

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

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the petitioner's complaint dated 30.11.2021 pending on the file of the 2nd respondent vide C.S.R.No.163 of 2022 dated 16.02.2022 to the 3rd respondent by referring the petitioner's complaint dated 30.11.2021 to Anti Land Grabbing Cell at Vellore District.

For Petitioner : Mr.N.Srinivasulu For Respondents: Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to transfer the petitioner's complaint dated 30.11.2021 pending on the file of the 2nd respondent vide C.S.R.No.163 of 2022 dated 16.02.2022 to the 3rd respondent by referring the petitioner's complaint dated 30.11.2021 to Anti Land Grabbing Cell at Vellore District.

2. When the matter is taken up today, learned Additional Public Prosecutor would submit that earlier the petitioner had

approached this Court by way of filing Crl.O.P.No.1993 of 2022 seeking to issue direction to the respondents to register the complaint of the petitioner dated 30.11.2021 and this Court by order dated 01.02.2022, had directed the petitioner to appear before the respondent police on 15.02.2022 and thereafter, the Inspector of Police, Anti Land Grabbing Cell, Ranipet was conducted enquiry and registered First Information Report as per the guidelines issued by the Hon'ble Supreme Court in the case of "Lalitha Kumari vs. Government of Uttar Pradesh reported in AIR 2012 SC 1515". However, learned Additional Public Prosecutor would further submit that there is no such cell under the Anti Land Grabbing offence in Ranipet District. Therefore, the case has been referred to the 2nd respondent viz.

, the Inspector of Police, Arakkonam to enquire the complaint. Based on the complaint, the case was taken up for enquiry in C.S.R.No.163 of 2022 dated 16.02.2022 and summons were issued to the petitioner as well as to the counter parties and finding that no offences were made out and the respondents had closed the case. In view of the closure, nothing survives for adjudication in this case. He would further submit that if at all the petitioner is aggrieved, he has to approach the Jurisdictional Court seeking redressal.

3. At this juncture, learned counsel appearing for the petitioner would submit that the report of the enquiry has not been served on him.

4. The learned Additional Public Prosecutor would submit that the report has already been sent to the petitioner's address by way of registered post on 07.03.2022.

5. Heard the learned counsel and perused the materials available on record.

6. In view of the above, the petition stands closed. The learned Additional Public Prosecutor has also handed over the copy of the enquiry report to the learned counsel for the petitioner today. Hence, the petitioner is at liberty to approach the Jurisdictional Court to redress his grievances in the manner known to law.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rgi/ham

To

1. The Superintendent of Police, Ranipet District, Ranipet.

2. The Inspector of Police, Arakkonam Town Police Station, Arakkonam.

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

4. The Public Prosecutor, Madras High Court.

+1cc to Mr.N.Srinivasalu, Advocate, S.R.No.16398 Crl.O.P.No.5537 of 2022 AJS(CO) SB(22/03/2022)