Madras High CourtCRL OP/23564/2015closed

Mrs. Selvam v. The State Rep. By

2015-09-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2015

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.23564 of 2015 Mrs.Selvam ... Petitioner Vs.

1.The State, rep. by The Superintendent of Police, Ariyalur District.

2.The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam Taluk, Ariyalur District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the 1st respondent to register the complaint dated 06.09.2015 of the petitioner against the said Alexander and Sakthivel etc., and take action against the culprits in accordance with law and recover the stolen timbers and hand it over to petitioner. For Petitioner : Mr.N.Hariharan Nair For Respondents : Mr.C. Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to direct the first respondent to register the petitioner's complaint dated 06.09.2015 and take action in accordance with law.

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

3. On a reading of the complaint, it is seen that the petitioner's father registered a settlement deed in favour of his daughter in the year 2011. Thereafter, the petitioner's father cancelled the settlement deed in the year 2012. Challenging the cancellation, the petitioner has filed a suit in O.S.No.233 of 2012 against her father. Now, it is alleged by the petitioner that her father had sold the same property during the pendency of the suit to one Alexander and that the said Alexander is cutting the trees. In a case of this nature, no positive directions can be issued to Police https://hcservices.ecourts.gov.in/hcservices/

to register a case.

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

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ds To 1.The Superintendent of Police, Ariyalur District.

2.The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam Taluk, Ariyalur District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23564 of 2015 ppa(co) pmk.1.20.2015 https://hcservices.ecourts.gov.in/hcservices/