A. Sivasubramaniyam v. Inspector General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.21281 of 2015 A.Sivasubramaniyam .. Petitioner Vs

1. The Inspector General of Police, Western Zone, Coimbatore.

2. The Deputy Inspector General of Police, Salem Zone, Salem.

3. The Superintendent of Police, Salem District.

4. The Inspector of Police, Valapadi, Salem District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 3rd respondent police to initiate appropriate action to register the case based on the petitioner's complaint dated 04.4.2012.

For Petitioner : Mr.V.Ramamoorthy For Respondents : Mr.S.Shanmugavelayutham Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the third respondent police to initiate appropriate action, in order to register a case, on the complaint dated 04.4.2012 given by the petitioner.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondents.

3. On a reading of the complaint, it is seen that this petitioner had lodged a complaint dated 04.04.2012. This Court carefully read the complaint. It is the case of the petitioner that he had entered into an agreement and purchased 52 acres of land in

Valapadi Village. While so, when he had wanted to occupy and use this land, two persons approached him and told him that, unless he pays protection money to one Mr.Veerapandi Raja, the local Ex. M.L.A., he cannot enjoy the property. Therefore, according to the petitioner, he met the said Veerapandi Raja and negotiated with him and ultimately he paid Rs.1,00,00,000/- on 27.11.2010 to the said Veerapandi Raja, for the purpose of solving the land dispute and that, the said Veerapandi Raja neither solved the problem nor returned the money. In connection with this, the complaint was given only on 04.04.2012, nearly after two years.

4. The police have conducted enquiry on the complaint and closed the same as early as in the year 2012 itself. A copy of the closure report is furnished to the learned counsel for the petitioner across the bar.

5. This Court carefully perused the complaint dated 04.04.2012. The petitioner has not even stated in the complaint, as to how he had acquired the possession of 52 acres of land and he has also not stated, what is the actual problem that requires to be solved by the said Veerapandi Raja. That apart, even according to the petitioner, the protection money was paid on 27.11.2010 and the complaint was lodged two years later i.e., on 04.04.2012. Therefore, no positive direction as prayed for by the petitioner can be granted in this case. However, this petition is closed with liberty to the petitioner to work out his remedy in the manner known to law.

ds Sd/- Assistant Registrar (CS-II) /True Copy/ Sub-Assistant Registrar To:

1. The Inspector General of Police, Western Zone, Coimbatore.

2. The Deputy Inspector General of Police, Salem Zone, Salem.

3. The Superintendent of Police, Salem District.

4. The Inspector of Police, Valapadi, Salem District.

5. The Public Prosecutor, High Court, Madras.

Crl.OP No.21281 of 2015 PA(CO) sd : 04/11/2015