A. Jagadeesan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE R. SUBBIAH CRL. O.P.No.27158 OF 2015 A.Jagadeesan ... Petitioner vs.

1. The Superintendent of Police, Perambalur District.

2. The State of Tamil Nadu, rep. by Inspector of Police, Kaikalathur Police Station, Veppanthattai Taluk, Perambalur District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to direct the respondents to register the case on the basis of the written complaint of the petitioner dated 01.09.2015, to investigate the same and to file final report before the competent Criminal Court within the stipulated period.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

This Criminal Original Petition is filed seeking a direction to the respondents to register the case on the basis of the petitioner's written complaint dated 01.09.2015, investigate the same and to file a final report before the competent Criminal Court.

2. In the affidavit filed by the petitioner, it is stated that the petitioner purchased a residential property in S.No.294/1, New Survey No.463/10, measuring an extent of 616 sq. ft. at Kariyanur Madhura Vellavadi Village from one Mr.Velmurugan for valuable consideration by a Registered Sale Deed dated 30.11.2009 registered as Document No.3995/2009 on the file of the Sub Registrar, Veppanthattai. After purchase of the said property, the petitioner obtained patta vide No.186 for the said property in his name and chitta and adangal also stand in his name.

3. It is the further case of the petitioner that when he and his family members were out of station during the last week of August 2015, the vendor Velmurugan, illegally and unauthorisedly broke open the lock of the petitioner's house and trespassed into his house. On return, when the petitioner questioned the illegal act of the said Velmurugan, he threw away the petitioner and his family members from the house and also threatened them with dire consequences. In this https://hcservices.ecourts.gov.in/hcservices/

regard, the petitioner lodged a complaint with the 2nd respondent police on 01.09.2015 and CSR was issued in CSR No.129/2015. Since the respondent police refused to register a case, the petitioner is before this Court seeking the above relief.

4. Heard both sides.

5. Without going into the merits of the case, this Court directs the respondents to enquire into the petitioner's complaint dated 01.09.2015 and dispose of the same in accordance with law, as early as possible.

This Criminal Original Petition is disposed of accordingly. Aeb Sd/- Assistant Registrar (CS-VII) /True Copy/ Sub-Assistant Registrar To :

1. The Superintendent of Police, Perambalur District.

2. The Inspector of Police, Kaikalathur Police Station, Veppanthattai Taluk, Perambalur District.

3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1 C.C. To MR.K.Selvaraj, Advocate in SR.NO.60851 Order in CRL.O.P.No.27158 of 2015 SAI(CO) sd : 08/12/2015 https://hcservices.ecourts.gov.in/hcservices/