K.Murugan v. N.Pandyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.10757 of 2021 K.Murugan ... Petitioner Vs.

1.N.Pandyan 2.Kumaravel 3.Ismail 4.Babu Chettiyar 5.Veeraraghavan 6.Ashok 7.Umapathy Chettiyar 8.Uduman 9.Jayasing 10.The Superintendent of Police, Police Head Quarters, Kanchipuram District.

11.The Inspector of Police, Sriperumbudur Police Station, Sriperumbudur, Kanchipuram District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 11th respondent/complainant to register a case on the basis of petitioner complaint dated 18.11.2020 in view of the order passed by the Judicial Magistate, Sriperumbudur in CMP.No.1706/2020 dated 30.12.2020.

For Petitioner : Mr.M.Prabaharan For R10 & R11 : Mr.A.Damodaran Government Advocate [Crl. Side]

O R D E R

The Criminal Original Petition has been filed to direct the 11th respondent/complainant to register a case on the basis of petitioner complaint dated 18.11.2020 in view of the order passed

by the Judicial Magistate, Sriperumbudur in CMP.No.1706/2020 dated 30.12.2020.

2.The contention of the petitioner is that on 17.11.2020 at about 09.30 a.m. the respondent Nos.1 to 9 were forcefully demolished the petitioner's house compound wall with JCB Vehicle vide JCB Vehicle No.TN21 AL 1374. In this connection, on 18.11.2020, the petitioner had approached the Inspector of Police, Sriperumbudur. The above said Inspector of Police, Sriperumbudur did not come forward to take any action against the respondent Nos.1 to 9 and not even issued the C.S.R. thereby on 02.12.2020, he had approached the Superintendent of Police, Police Head Quarters, Kancheepuram District. The Superintendent of Police, Police Head Quarters, Kancheepuram District received the complaint of the petitioner's vide No.696 of 2020 and no action taken place.

3.The learned Government Advocate (Crl. Side) submitted that FIR has been registered and hence, nothing survives for adjudication in this Criminal Original Petition. 4.In view of the same, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ah To 1.The Judicial Magistate, Sriperumbudur.

2.The Superintendent of Police, Police Head Quarters, Kanchipuram District.

3.The Inspector of Police, Sriperumbudur Police Station, Sriperumbudur, Kanchipuram District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Prabaharan, Advocate Sr.39133 [13/08/2021] Crl.O.P.No.10757 of 2021 sv[co] srg 06/08/2021