Mr.N.Karnal, Aged 56 Years, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22352 of 2018 N.Karnal ... Petitioner Vs.

1.The Superintendent of Police Vellore District, Vellore - 632 009.

2.State of Tamilnadu, rep. By The Inspector of Police, Vellore North Police Station, Vellore District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to issue directions to the 1st respondent to immediately arrange to register the complaint of the petitioner dated 06.04.2018 and to ensure proper action in the matter in exercise of his jurisdiction under provisions of Section 36 of the Cr.P.C., and a similar direction to the 2nd respondent not to harass the petitioner till disposal of the complaint.

For Petitioner :Mr.T.M.Kannan For Respondents :Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent police to register a case based on the complaint given by the petitioner dated 06.04.2018.

2. The learned counsel for the petitioner has submitted that the petitioner is the owner of property measuring about 7.36 acres situated in Survey No.1813 of Vadavellore. He further submitted that one Jawarilal Jain has created some false documents with a view to grab the petitioner's property and hence, the petitioner has lodged a complaint before the second respondent on 06.04.2018, but, so far, no action has been taken.

3. The learned Additional Public Prosecutor has submitted that the dispute is between the mother and son, and hence, the representation submitted by the petitioner is kept pending.

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4. Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then 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 appropriate forum and get appropriate relief in accordance with law.

5. With the above said directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar smv/vsa To 1.The Superintendent of Police Vellore District, Vellore - 632 009.

2.State of Tamilnadu, rep. By The Inspector of Police, Vellore North Police Station, Vellore District.

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

+1cc to Mr.T.M.Kannan, Advocate SR.No.65473 Crl.O.P.No.22352 of 2018 KAN(CO) GMY(30/10/2018) https://hcservices.ecourts.gov.in/hcservices/