Madras High CourtCRL OP/27978/2015disposed of

V.Pandiyan v. The Inspector Of Police

2015-11-20Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27978 of 2015 V.Pandiyan ... Petitioner Vs

1. The Inspector of Police, (Law and Order) K.2 Police Station, Ayanavaram, Chennai.

2. C.Selvi

3. T.Cheran ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 1st respondent herein to register the case against the respondents 2 and 3 herein based on the petitioner's complaint vide in CSR No.1417/CSR/K2 PS/15, dated 30.10.2015 on the file of the first respondent police. For Petitioner :

Mr.Dalit Tiger C.Ponnusamy For Respondent :

Mr.C.Emalias Additional Public Prosecutor-R1

O R D E R

The present criminal original petition has been filed to direct the first respondent to register the case based on the petitioner's complaint dated 30.10.2015 on the file of the first respondent police.

2. The petitioner herein lodged a complaint as against the second and the third respondents stating that the second and third respondents damaged the common toilet and bathroom of the petitioner. Though C.S.R.No.1417 of 2015 has been assigned on the complaint of the petitioner, no action has been taken by the first respondent till date. Hence, the present criminal original petition has been filed.

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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.1417 of 2015 has been assigned and the matter is pending for enquiry. He further submitted that the matter appears to be civil dispute and thus opposed for granting direction. The learned counsel for the petitioner denied the same and the second and third respondents damaged the property of the petitioner and thus sought for direction.

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 03.11.2015 in C.S.R.No.1417 of 2015 and proceed further in accordance with law as early as possible.

6. This criminal original petition is disposed of accordingly.

vrc s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, (Law and Order) K.2 Police Station, Ayanavaram, Chennai.

2. The Public Prosecutor, High Court, Madras.

pur(co) prk11/12 Crl.O.P.No.27978 of 2015 https://hcservices.ecourts.gov.in/hcservices/