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Madras High CourtCRL OP/22486/2018disposed of

S.N.Balasubramanian, v. The Sub-Inspector Of Police,

2018-09-19Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22486 of 2018 S.N.Balasubramanian

...Petitioner

Vs.

1.The Sub-Inspector of Police, Thiruppadiripuliyur Police Station, Cuddalore - 607 002.

2.The Inspector of Police, Thiruppadiripuliyur Police Station, Cuddalore - 607 002.

3.Viswakaram Mahajana Sabha, Cuddalore by President, M.Sekar, No.36, Erumaraja Agraharam, Thiruppadiripuliyur, Cuddalore - 607 002.

4.N.Kannan 5.Anandamurugan 6.Azhagappa Rajagopal 7.N.V.N.Ravichandran 8.Raja 9.Sanjeevi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondents 1 and 2 to register an F.I.R. upon the complaint dated 27.04.2018 given by the petitioner.

For Petitioner :M/s.K.Craha Lakshmi for M/S.R.Gururaj For Respondents:M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents 1 and 2 to register a case based on the complaint given by the petitioner, dated 27.04.2018.

2. The learned counsel for the petitioner has submitted that the petitioner is a tenant of the property bearing T.S.No.667/- measuring about 3000 sq.ft of vacant land belonging to the third respondent in Thiruppadiripuliyur, Cuddalore. She further submitted that the petitioner has filed a suit in O.S.No. 62 of 2018, against the respondents before the Principal District Court, Cuddalore, seeking certain relief. He further submitted that after receipt of summons, the respondent 3 to 6 came to the petitioner's house and criminally intimidated and also caused damage to the house hold articles and hence the petitioner has lodged a complaint before the second respondent on 27.04.2018, but so far no action has been taken. 3.The learned Additional Public Prosecutor has submitted that the said complaint is still pending before the second respondent for enquiry.

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, the respondents have to direct the petitioner to approach the appropriate forum and get appropriate relief in accordance with law.

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

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

gsp To 1.The Sub-Inspector of Police, Thiruppadiripuliyur Police Station, Cuddalore - 607 002.

2.The Inspector of Police, Thiruppadiripuliyur Police Station, Cuddalore - 607 002.

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

CRL.O.P.No.22486 of 2018 nrl[co] srg 31/10/2018