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Madras High CourtCRL OP/22321/2018disposed of

A.Chidambaram, Aged 65 Years, v. The Superintend Of Police,

2018-09-18Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P. RAJAMANICKAM Crl.OP No.22321 of 2018 A.Chidambaram ..Petitioner Vs

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

2. The Inspector of Police, (Land Grabbing Cell) District Crime Branch, Salem District.

..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C, praying to direct the second respondent to register the petitioner complaint dated 24.07.2018 and the investigate the same in accordance with law.

For Petitioner : Mr.N.Ranjith Kumar For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register the petitioner's complaint dated 24.07.2018.

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

3. The learned counsel for the petitioner has submitted that based on the false promise given by the proposed accused persons, the petitioner entered into a sale agreement with them and paid a sum of Rs.12,00,000/- and subsequently, he came to know that the said land is a poramboke land and hence the petitioner demanded to repay the said amount. But the proposed accused persons refused to repay the amount and also assaulted the petitioner and hence the petitioner has sent a complaint to the first respondent on 24.07.2018 and the same was forwarded to the second respondent, but, so far, no action has been taken.

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4. The learned Additional Public Prosecutor has submitted that the respondents have not received any complaint.

5. The typed set of papers filed by the petitioner shows that the petitioner has sent a complaint through registered post on 24.07.2018 to the first respondent. Therefore the first respondent has to trace out the said complaint and send the same to the second respondent within a week and thereafter the second respondent has to conduct an enquiry with regard to the petitioner's complaint and if the enquiry reveals any cognizable offence, then he has to register the case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, the respondent has to direct the petitioner to approach the appropriate forum and get appropriate relief in accordance with law. 6.With aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar dh To

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

2. The Inspector of Police, (Land Grabbing Cell) District Crime Branch, Salem District.

3. The Public Prosecutor High Court, Madras.

+1cc to MR.N.Ranjith Kumar, Advocate SR.NO.64703 KS(CO) sm:26.10.2018 Crl.OP No.22321 of 2018 https://hcservices.ecourts.gov.in/hcservices/