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Madras High CourtCRL OP/16741/2016closed

E.Sathya v. The Superintendent Of Police

2016-08-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.16741 of 2016 E.Sathya ...

Petitioner Vs 1.The Superintendent of Police, Thiruvallore District, Thiruvallore.

2.The Inspector of Police, B-7, Police Station, Vellavedu, Thiruvallore District.

...

Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to issue direction to the respondents to register First Information Report against Jeganathan and other accused based on her complaint dated 19.07.2016 and give adequate police protection to the petitioner and his family members life and for smooth and convenient enjoyment of her properties measuring 3.69 acres comprises in S.F.No.61/1, 59/2, 60/3 (along with the well with motor pump set situate therein) and 59/1 situated at Nemam Village, Poonamallee Taluk, Thiruvallore District and for measuring the same using a surveyor and putting up a fence around the said property.

For Petitioner :Mr.L.Prabakaran For Respondents :Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents to register an FIR against Jeganathan and other accused based on thecomplaint dated 19.07.2016, given by the petitioner and to give adequate police protection to the petitioner and his family members.

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

3. The learned Additional Public Prosecutor submitted that based on the complaint lodged by the petitioner, the petition enquiry is pending in CSR.No.325 of 2016 before the second respondent-police.

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4. Recording the submission of the learned Additional Public Prosecutor, the second respondent police is directed to conduct enquiry expeditiously and during the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1, otherwise the petition may be closed under intimation to the petitioner. With the above direction, this Criminal Original Petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police, Thiruvallore District, Thiruvallore.

2.The Inspector of Police, B-7, Police Station, Vellavedu, Thiruvallore District.

3.The Public Prosecutor, High Court, Chennai.

gj(co) krd 30/8 Crl.OP.No.16741 of 2016 https://hcservices.ecourts.gov.in/hcservices/