J.Selvaraj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26923 of 2015 J.Selvaraj

...Petitioner

Vs State rep.

The Inspector of Police, Choonambedu Police Station, Kancheepuram.

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register the complaint dated 29.8.2015 on the file of the Inspector of Police, Choonambedu Police Station, Kancheepuram District. For Petitioner : Mr.E.Kotteeswaran For Respondent : Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the respondent police to register the complaint dated 29.8.2015.

2. In the petition, it is averred that the petitioner is doing cultivation in his agricultural land along with his brother. In the month of April, 2015, the petitioner put up fencing in his land. On 14.4.2015 some persons entered into his premises and threatened him with dire consequences by informing him not to do fencing work since it is not convenient to them. Hence, the petitioner immediately gave a complaint to the respondent police. Again on 18.4.2015 and 29.8.2015, the

persons named in the complaint entered into the petitioner's premises and removed the fencing and caused damage to the property. Hence, the petitioner sent a complaint through registered post to the respondent on 31.8 .2015. But, till date, the respondent has not registered a case based on his complaint. Hence, the petition.

3. Learned Additional Public Prosecutor has submitted that the complaint dated 29.8.2015 was sent only by post.

4. Considering the submissions made on either side, this Court is constrained to pass the following order:- (i) The petitioner is directed to furnish a copy of the complaint dated 29.8.2015 to the respondent within a period of one week from the date of receipt of a copy of this order, along with a copy of this order.

(ii) On receipt of the same, the respondent is directed to conduct enquiry on the said complaint, and upon enquiry, if materials are gathered indicating commission of any cognizable offence, then the respondent is directed to proceed further in accordance with law, as early as possible.

5. The criminal original petition is ordered accordingly.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar sbi

To

1. The Inspector of Police, Choonambedu Police Station, Kancheepuram.

2. The Public Prosecutor, High Court, Madras.

1 CC to Mr.E.Kotteeswaran, Advocate SR.No. 60342 Crl.O.P.No.26923 of 2015 SRG (CO) PSI (19.11.2015)