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Madras High CourtWP/11519/2022dismissed

Mr.Murali v. The Superintenedent Of Police

2022-06-07Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No.11519 of 2022 Murali

...Petitioner

Vs.

1. The Superintendent of Police Thiruvallur, Thiruvallur District.

2. The Deputy Superintendent of Police, Land Grabbing Prevention Special Cell, Thiruvallur District.

3. The Sub Inspector of Police, Land Grabbing Prevention Special Cell, Thiruvallur District.

4. R.Selvam

5. Kamalakannan

6. Pavithra

...Respondents

Prayer:Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the entire records relating to C.No.295/DSP/ALGSC/2021 dated 06.11.2021 of third respondent and quash the same and consequently direct the second and third respondents to register the complaint dated 23.08.2021 of the petitioner under relevant provision of IPC for the offence of Land Grabbing against the respondents 4 to 6 in accordance with law.

For Petitioner : Mr.N.Nithianandam For Respondents: Mr.A.Gokulakrishnan Addl. Public Prosecutor for R1 to R3

O R D E R

This Writ Petition has been filed to call for the entire records relating to C.No.295/DSP/ALGSC/2021 dated 06.11.2021 of third respondent and quash the same and consequently direct the second and third respondents to register the complaint dated 23.08.2021 of the petitioner under relevant provision of IPC for https://hcservices.ecourts.gov.in/hcservices/

the offence of Land Grabbing against the respondents 4 to 6 in accordance with law.

2.Mr.A.Gokulakrishnan, learned Additional Public Prosecutor submitted that the enquiry has been conducted and closed as the complaint is of civil in nature.

3.Such being the position, it is well open to the petitioner to pursue his remedy in the manner known to law by invoking a private complaint under Section 200 of Cr.P.C. However, this Court cannot direct the respondent police to register the FIR, when enquiry was already conducted and closed. 4.With the above direction, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dpq To

1. The Superintendent of Police Thiruvallur, Thiruvallur District.

2. The Deputy Superintendent of Police, Land Grabbing Prevention Special Cell, Thiruvallur District.

3. The Sub Inspector of Police, Land Grabbing Prevention Special Cell, Thiruvallur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.N.Nithianandam, Advocate, S.R.No.33409 W.P.No.11519 of 2022 SSD(CO) RGA(07/07/2022) https://hcservices.ecourts.gov.in/hcservices/