Sesu Michael M/58 Years v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.15316 of 2016 Sesu Michael ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai

2. The State Rep.By The Inspector of Police, H-1, Washermenpet Police station, Chennai.

3. S.Arul Selvam

4. S.Arokia Mary ... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent herein to register the petitioner's complaint dated 25.05.2016 and to investigate the matter and to file the final report within a stipulated period of time.

For Petitioner : Mr.Ramesh Kumar For Respondent : Mr.C.Emalias Nos.1 & 2 Additional Public Prosecutor For Respondent : Mr.A.John Britto Nos.3 & 4

ORDER

This criminal original petition has been filed seeking a direction to the 2nd respondent herein to register the petitioner's complaint dated 25.05.2016 and to investigate the matter and to file the final report.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first and second respondents and the learned counsel appearing for the third and fourth respondents. https://hcservices.ecourts.gov.in/hcservices/

3. On a reading of the complaint dated 25.05.2016, it is seen that the dispute is between the brothers in respect of their father's property. Both the petitioner and the third respondent gave complaints to the respondent police, based on which, petition enquiry is being conducted in CSR No.339 of 2016 and CSR 340 of 2016.

4. The dispute essentially appears to be civil in nature and therefore, no positive direction can be issued to the respondent police to register an FIR in both the CSR.Nos.339 of 2016 and 340 of 2016. However, this Court is of the view that it will serve the interest of justice, if the petitioner and the third respondent are permitted to appear before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, so that, their dispute can be amicably resolved.

5. In view of the above, the criminal original petition is closed.

6. The Registry is directed to post this matter before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, on 22.08.2016 at 3.00p.m. and the Mediation Centre is requested to send the report before the registry of this Court.Since the main petition itself is closed,the Registry is directed to keep the report of the Mediation with the bundle. Sd/- Assistant Registrar(CS VI) //True Copy// sms Sub Assistant Registrar To:

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai

2. The Inspector of Police, H-1, Washermenpet Police station, Chennai.

3. The Public Prosecutor, High Court, Madras.

4. The Assistant Registrar, Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

+1cc to Mr.Ramesh Kumar Chopra, Advocate, S.R.No.45505 Crl.OP No.15316 of 2016 MG(CO) CA(18/08/2016) https://hcservices.ecourts.gov.in/hcservices/