Kandasamy v. The Inspector 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.27963 of 2015 Kandasamy ... Petitioner Vs The Inspector of Police, Puduchathiram Police Station, Namakkal District ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register FIR based on the petitioner's complaint dated 29.09.2015 in C.S.R.No.227 of 2015.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondent to register FIR based on the complaint of the petitioner dated 29.09.2015 in C.S.R.No.227 of 2015 on the file of the respondent.

2. The case of the petitioner is that the petitioner herein has lodged a complaint as against one Velumani stating that the petitioner is cultivating his land and planted maize, cotton and green chilli which are grown up and are in the stage of yielding the produces. While so, the said Velumani, who is his sister's husband, on 29.09.2015, trespassed in to the petitioner's property and damaged the entire crops worth about Rs.two lakhs. When the petitioner and his wife questioned the same, the said Velumani assaulted them and threatened them with https://hcservices.ecourts.gov.in/hcservices/

dire consequences. Though C.S.R.No.227 of 2015 has been assigned on his complaint, no action was taken till date. Hence, the present criminal original petition has been filed.

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

4. The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.227 of 2015 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made on either side, this Court directs the respondent to conduct enquiry on the complaint given by the petitioner dated 29.09.2015 in C.S.R.No.227 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-III) True Copy Sub Assistant Registrar To

1. The Inspector of Police, Puduchathiram Police Station, Namakkal District

2. The Public Prosecutor, High Court, Madras.

+1cc to M/S.C.Prabakaran, Advocate Sr.63102 Crl.O.P.No.27963 of 2015 ug[co] srg 27/11/2015 https://hcservices.ecourts.gov.in/hcservices/