Hirudhaya Doss v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.26050 of 2015 Hirudhaya Doss .. Petitioner ..vs..

State of Tamil Nadu Rep. By the Inspector of Police E-1, Mamallapuram Police Station Mamallapuram Chennai - 600 119 .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register a case based on the complaint given by the petitioner dated 30.05.2014, complete the investigation and to file a final report within a time frame fixed by this Court.

For Petitioner : Mr.P.N.Rajkumar For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present petition has been filed to direct the respondent to register a case based on the complaint given by the petitioner dated 30.05.2014, investigate the same and to file a final report within the time frame fixed by this Court.

2. The petitioner is the power agent of Latha Raman and other legal heirs, who is owning 2 acres of land in Patta No.697, Survey No.245/1A2, Mamallapuram Village, Thirukalukundram, Kancheepuram District.

While so, on 30.05.2014, at about 5pm, one Shamsudeen and Ramakrishna Mudhaliyar came along with rowdy elements, trespassed into the property and demolished the compound wall and also three huts in the said property. They have also taken a lorry into the premises and took away hallow bricks. When the same was questioned by the petitioner, they threatened the petitioner that they would kill the him. Hence, the petitioner lodged a https://hcservices.ecourts.gov.in/hcservices/

complaint with the respondent police.

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

4. The learned Additional Public Prosecutor submitted that the counter petitioner has also given a complaint against this petitioner and the same is pending in C.S.R.No.333 of 2015. It is his further submission that the complaint lodged by the petitioner is pending in C.S.R.No.235 of 2015 and both the complaints are pending investigation.

5. Considering the rival submissions, this Court directs the respondent to conduct enquiry on both the complaints and if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

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

1. The Inspector of Police E-1, Mamallapuram Police Station Mamallapuram Chennai - 600 119

2. The Public Prosecutor Madras High Court Chennai +1 cc to Mr.P.N.Rajkumar Advocate sr.60944 Crl.O.P.No.26050 of 2015 aa06/11/2015 https://hcservices.ecourts.gov.in/hcservices/