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Madras High CourtCRL OP/22497/2018disposed of

D. James Peter v. The State

2018-09-19Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22497 of 2018 D.James Peter .. Petitioner Vs.

1.The State by The Commissioner of Police, Vepery, Chennai-600 007.

2.The Deputy Commissioner of Police, Madhavaram Range, Madhavaram, Chennai-600 060.

3.The inspector of Police, M-6, Puzhal Police Station Puzhal, Chennai.

..Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Respondent police to register the Petitioner's complaint dated 04.07.2018 and file the final report.

For Petitioner : Mr.K.Balaji For Respondents: M/s.M.Prabhavathi Addl. Public Prosecutor

O R D E R

This petition has been filed to direct the third respondent police to register the complaint given by the petitioner dated 04.07.2018.

2.The learned counsel for the petitioner has submitted that the proposed accused persons have trespassed into the petitioner's property and demolished the petitioner's hut with the help of JCB machines and hence the petitioner has lodged a complaint before the third respondent police on 04.07.2018, but so far, no action has been taken.

3. The learned Additional Public Prosecutor has submitted that the complaint is still pending before the third respondent.

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4. Considering the aforesaid submissions, the third respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, then he has to direct the petitioner to approach the civil court and get appropriate relief.

5. With the aforesaid directions, this petition is disposed of.

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

1. The Commissioner of Police, Vepery, Chennai-600 007.

2.The Deputy Commissioner of Police, Madhavaram Range, Madhavaram, Chennai-600 060.

3.The inspector of Police, M-6, Puzhal Police Station Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balaji, Advocate S.R.No.65456 KR/31/10/18 Crl.O.P.No.22497 of 2018 https://hcservices.ecourts.gov.in/hcservices/