Madras High CourtCRL OP/8066/2024disposed of

Thasinthavani v. The Assistant Commissioner Of Police

2024-04-03Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Thasinthavani ... Petitioner Vs.

1. The Assistant Commissioner of Police, Nungambakkam, Chennai-600 034.

2. The Inspector of Police (L&W), F-3, Nungambakkam Police Station, Chennai-600 034.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the second respondent to register an FIR on the basis of the complaint dated 03.07.2023 and consequentially obey the order dated 09.01.2023 in Crl.MP.No.29065 of 2023 on the file of the XIV Metropolitan Magistrate, Egmore, Chennai. For Petitioner : Mr.R.Ravindraram For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

Alleging that, the petitioner has forcibly thrown out from the premises, a complaint has been given. Whereas after the investigation, the complaint has been closed in RC.No.3T19/COP/VISITORS/2023 dated 24.07.2023.

2. The learned counsel appearing for the petitioner states that inspite of direction given by the XIV Metropolitan Magistrate Court, Egmore, the respondent police has not register the FIR based on the complaint dated 03.07.2023. Hence, he seeks for a direction.

3. From the reading of the complaint and the other material as well as the submissions made by the learned Government Advocate (Crl.Side), shows that it is a case of civil nature that the parties are already gone to Civil Court and after a decree, the land lord who is shown as accused has filed a petition for eviction. Now, the petitioner has no material to show that he was in possession or any proof of her father being in possession of the property ten years ago. However has made a complaint with some allegation of removing the property from the premises which was in her possession. After enquiry, the police has closed it.

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4. The respondent police is directed to inform the petitioner about the closure of current paper and she has to work out her remedy in accordance with law.

5. With the above directions, this Criminal Original Petition is disposed of.

Vv 03.04.2024 To 1.The Assistant Commissioner of Police, Nungambakkam, Chennai-600 034.

2. The Inspector of Police (L&W), F-3, Nungambakkam Police Station, Chennai-600 034.

3. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

Vv 03.04.2024 4/4