Madras High CourtCRL OP/22327/2018disposed of

R.Nedunchezhiyan, M/A 51 Yrs, v. The State Rep By Its,

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.O.P.No.22327 of 2018 R.Nedunchezhiyan ... Petitioner Vs.

1. The State, Rep by The Superintendent of Police, Vellore District.

2. The Inspector of Police, Kaniyampadi Police Station, Vellore District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the complaint dated 19.06.2018 and ensure proper investigation known to law.

For Petitioner : Mr.S.Ravichandran For Respondents : Ms.M.Prabhavathi Addl. Public Prosecutor (Crl.side)

O R D E R

This petition has been filed by the petitioner to direct the second respondent/police to register the case based on the complaint given by the petitioner dated 19.06.2018.

2. The learned counsel for the petitioner has submitted that One Mr.Arulnathan has encroached the petitioner's property and criminally intimidated him and hence, the petitioner has lodged a police complaint before the second respondent/police on 19.06.2018, but so far, no action has been taken on the said complaint.

3. The learned Additional Public Prosecutor (Crl.Side) has submitted that enquiry is still pending before the second respondent/police.

4. Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry. If the enquiry reveals any cognizable offence, the second respondent/police has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, the petitioner https://hcservices.ecourts.gov.in/hcservices/

has to be directed to approach the Civil Court and get the appropriate relief.

5.With the aforesaid directions, the Criminal Original Petition stands disposed of.

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

1. The Superintendent of Police, Vellore District.

2. The Inspector of Police, Kaniyampadi Police Station, Vellore District.

3. The Public Prosecutor Madras High Court, Chennai.

+1cc to Mr.S.Ravichandran, Advocate Sr.No.65149 RJI(CO) sm:1.11.2018 Crl.O.P.No.22327 of 2018 https://hcservices.ecourts.gov.in/hcservices/