Ramamoorthy, M/A 65 Years, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22214 of 2018 Ramamoorthy

...Petitioner

Vs.

1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.The Inspector of Police, Anti Land Grabbing Special Cell, Tiruvannamalai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the F.I.R. on the basis of the complaint given by the petitioner on 06.08.2018 and received by the 2nd respondent police in C.No.718/ALGSC/TVM/2018 and also investigate the same in accordance with law.

For Petitioner : Mr.N.Suresh For Respondents : M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register a case based on the complaint given by the petitioner dated 06.08.2018.

2. The learned counsel for the petitioner has submitted that the property in dispute belongs to the petitioner's son-inlaw and the petitioner's son-in-law executed a power of attorney in favour of the petitioner. Based on the said power of attorney, the petitioner, is looking after his son-in-law's property. He further submitted that the accused persons tried to trespass into the said property and hence, the petitioner has lodged a complaint before the second respondent on 06.08.2018, but, so far no action has been taken.

3. The learned Additional Public Prosecutor has submitted that the complaint is pending for enquiry. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, he has to direct the petitioner to approach the civil Court and get appropriate remedy in accordance with law.

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vsa To 1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.The Inspector of Police, Anti Land Grabbing Special Cell, Tiruvannamalai.

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.N.Suresh, Advocate, S.R.No.64932 CRL.O.P.No.22214 of 2018 AK(CO) rrs 05/09/2018 https://hcservices.ecourts.gov.in/hcservices/