Selvaraj, 51 Years, v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22365 of 2018 I.Selvaraj ... Petitioner/Complainant Vs.

The State Represented by The Inspector of Police, T-6 Avadi Police Station, Avadi, Chennai - 600 054. ...Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register a case on the petitioner's complaint dated 17.02.2018 for the offences punishable under Sections 120(b), 294(b) 452 and 506(II) of IPC and to file a final report before the concerned Court within stipulated period in accordance with law. For Petitioner : M/s.L.Srileka for A.C.Manibharathi For Respondent : Ms.M.Prabhavathi Addl.Public Prosecutor (Crl.side)

O R D E R

This petition has been filed to direct the respondent to register a case based on the petitioner's complaint dated 17.02.2018 for the offences punishable under Sections 120(b), 294(b) 452 and 506(II) of IPC and to file a final report before the concerned Court within stipulated period in accordance with law.

2. The learned counsel for the petitioner has submitted that as per the order of this Court in W.P.No.32387 of 2017 dated 13.12.2017, the petitioner's property was measured and boundary has been fixed and subsequently, the proposed accused persons tried to trespass into the petitioner's property and also criminally intimidated the petitioner by using filthy language and hence, the petitioner has lodged a complaint before the respondent on 17.02.2018, but, so far no action has been taken on the said complaint.

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3. The learned Additional Public Prosecutor (Crl.Side) has submitted that the petitioner's complaint is still pending for enquiry.

4. Considering the aforesaid submissions, the respondent is directed to expedite the enquiry. 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, the petitioner has to be directed approach the civil court and get appropriate relief.

5.With the aforesaid directions, this petition is disposed of. Sd/- Deputy Registrar //True copy// Sub Assistant Registrar msrm To

1. The Inspector of Police, T-6 Avadi Police Station, Avadi, Chennai - 600 054.

2. The Public Prosecutor High Court of Madras.

+1cc to Mr.A.C.Manibharathi, Advocate SR.No.65622 Crl.O.P.No.22365 of 2018 GMY(26/10/2018) https://hcservices.ecourts.gov.in/hcservices/