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Madras High CourtCRL OP/27980/2015disposed of

V.Kittu v. The Superintendent Of Police

2015-11-27Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27980 of 2015 V.Kittu ... Petitioner Vs 1.The Superintendent of Police, Kancheepuram District.

2.The Inspector of Police, Mamallapuram Police Station, Mamallapuram, Thirukazhukundram Taluk, Kancheepuram District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the case based on the complaint of the petitioner dated 27.10.2015 and investigate the same and file the final report before the appropriate court within the reasonable time limit fixed by this Court.

For Petitioner : Mr.A.Ramalingam For Respondents : Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the respondents to register a case based on the complaint of the petitioner dated 27.10.2015; investigate the same and file the final report before the appropriate court within the reasonable time limit fixed by this Court. 2.The case of the petitioner is that the petitioner is belonging to Schedule Caste and he has been running small shops. While so, one Murugan, Executive officer, Corporation, Mamallapuram, and Venkatesan, Manager, Tamil nadu Tourism Devleopement Corporation, Mamallapura, along with other officials forcefully demolished the petitioner's shop and https://hcservices.ecourts.gov.in/hcservices/

dispossessed him from his shop premises, since the petitioner is belonged to schedule caste. Hence, the petitioner lodged a complaint on 27.10.2015. But the said complaint was not registered so far. Hence, the petitioner has filed the present criminal original petition.

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

4.Considering the submissions made on either side, this Court directs the second respondent police to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the second respondent is directed to proceed further in accordance with law, as early as possible and if no prima facie case has been made out, the second respondent is at liberty to pass appropriate order on the complaint given by the petitioner.

Sd/ ASSISTANT REGISTRAR(CS-IV) /TRUE COPY/ SUB-ASSISTANT REGISTRAR ari To 1.The Superintendent of Police, Kancheepuram District.

2.The Inspector of Police, Mamallapuram Police Station, Mamallapuram, Thirukazhukundram Taluk, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

+1 CC to MR.A.Ramalingam Advocate. SR.NO. 65058 Crl.O.P.No.27980 of 2015 CO-MSM JD 08/12/2015 https://hcservices.ecourts.gov.in/hcservices/