D. Muthuselvan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27587 of 2015 D.Muthuselvan ... Petitioner Vs

1. The Superintendent of Police, Cuddalore, Cuddalore District.

2. The Inspector of Police, Ramanatham Police Station, Tittagudi Taluk, Cuddalore District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to register a case on the complaint dated 30.10.2015, investigate and file final report.

For Petitioner : Mr.M.Guruprasad For respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the second respondent to register a case on the complaint dated 30.10.2015, investigate and file a final report.

2. The petitioner has lodged a complaint as against one Thennarasi and others stating that they have trespassed into the property of the petitioner and damaged the crops and had taken away the fuse carrier of the motor pump. Though C.S.R.No.288 of 2015 has been assigned on his complaint, till date, no action has been taken. Hence, the petitioner has come up with the present petition.

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3. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

4. The learned Additional Public Prosecutor has submitted that there is civil dispute between the parties. However, on the complaint lodged by the petitioner, C.S.R.No.288 of 2015 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the second respondent to conduct enquiry on the complaint of the petitioner dated 30.10.2015 in C.S.R.No.288 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible and if no prima facie case has not been made out, the second respondent is directed to pass appropriate order on the complaint of the petitioner.

6.

The Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// vrc Sub Assistant Registrar To

1. The Superintendent of Police, Cuddalore, Cuddalore District.

2. The Inspector of Police, Ramanatham Police Station, Tittagudi Taluk, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.27587 of 2015 VGI(CO) CA(15/12/2015) https://hcservices.ecourts.gov.in/hcservices/