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Madras High CourtCRL OP/15392/2020dismissed

A.Ponnurangam v. State Through

2020-09-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15392 of 2020 A.Ponnurangam .. Petitioner Vs State through The Inspector of Police, CCB, Team XVII, Prevention of Land Grabbing Special Cell 1, Office of the Commissioner of Police, Greater Chennai City Police, Vepery, Chennai 600 007.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to calling for records in connection with the impugned order No. 1172/CCB/COP/Visitors/2020 dated 25.08.2020 passed by the respondent and quash the same.

For Petitioner : Mr.M.Ramamoorthi For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This petition has been filed seeking for direction to calling for records in connection with the impugned order No. 1172/CCB/COP/Visitors/2020 dated 25.08.2020 passed by the respondent and quash the same.

2. The learned counsel for the petitioner would submit that after filing final report as against the accused person, the same has been taken cognizance in C.C.No.199 of 2017 on the file of the Judicial Magistrate - I, Poonamallee. Again, the accused person indulge the same in similar offences, thereby, encumbering the disputed property by executing various deeds. He further submitted that, in fact, the District Registrar, South Chennai Registration District was directed the concerned Sub-Registrar, under Section 83 of the Registration Act, to prosecute the accused person in the manner known to law. Thereafter, the petitioner's complaint has been closed by the respondent by a closure report dated 25.08.2020. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor would submit that the complaint lodged by the petitioner was enquired and on perusal of all the documents, the respondent closed the complaint by the closure report dated 25.08.2020. If at all any grievance over the closure report, the petitioner can very well to file a private complaint before the Court concerned.

4. Heard Mr.M.Ramamoorthi, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondents.

5. On perusal of records, the petitioner lodged a complaint and he was issued Current Paper No. 1172/CCB/COP/Visitors/2020 and the respondent conducted enquiry and the same was closed on 25.08.2020. Therefore, instead of challenging the said closure report, the petitioner can very well file a private complaint as against the accused person in the manner known to law.

6. Recording the said submission, this Criminal Original Petition is devoid of merits and the same is dismissed. However, the petitioner is at liberty to lodge a private complaint as against the accused persons before the Court concerned in the manner known to law.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rna To

1. The Inspector of Police, CCB, Team XVII, Prevention of Land Grabbing Special Cell 1, Office of the Commissioner of Police, Greater Chennai City Police, Vepery, Chennai 600 007.

2. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M.Ramamoorthi, Advocate sr 32562. Crl.O.P.No.15392 of 2020 NR(CO) SP(02/11/2020) https://hcservices.ecourts.gov.in/hcservices/