Madras High CourtCRL OP/19116/2015closed

P.T. Rajappa v. State By

2015-07-29Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19116 of 2015 P.T.Rajappa ... Petitioner -vsState rep. by

1. The Inspector of Police, M-7, Police Station, Manalipudu Nagar, Chennai 103.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register a case on the complaint of the petitioner's dated 20.07.2015 under section 406 and 420 of IPC.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the respondent to investigate the case on the complaint given by the petitioner on 20.07.2015 and to file a final report, the petitioner has come up with this petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

3. On a reading of the complaint it is seen that earlier this petitioner approached this Court in Crl.O.P.No.24679 of 2013 seeking police protection for conducting Sri Devi Muthu Mariamman Temple festival and the said request was rejected by this Court on 21.10.2013. Now, the opposite party has been permitted to conduct festival. Aggrieved by which, the petitioner has lodged a complaint seeking for a direction to register the FIR.

4. In a case of this nature, the police should not be allowed to interfere, unless there is a serious law and order problem. Rights of the parties to conduct temple festival should have to be decided by Civil Courts.

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

5. Hence, this Criminal Original Petition is closed with liberty to the petitioner to work out his remedy in a manner known to law.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar smi To

1. The Inspector of Police, M-7, Police Station, Manalipudu Nagar, Chennai 103.

2.THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

1 cc to Mr..C.Prakasam , Advocate Sr.No.39234 Crl.O.P.No.19116 of 2015 gj(Co) pmk.14.8.2015 https://hcservices.ecourts.gov.in/hcservices/