Madras High CourtCRL OP/28032/2015disposed of

Aroumougame v. Station House Officer

2015-11-23Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28032 of 2015 Aroumougame ... Petitioner - Vs - Station House Officer, Nettapakkam Police Station, Puducherry.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the non-cognizable report dated 23.10.2015 of the respondent police and to direct the respondent police to register the F.I.R. based on the petitioner's complaint dated 23.10.2015. For Petitioner :

Mr.R.Thiagarajan For respondent :

Mr.V.Balamurugan Addl.Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking to set aside the non-cognizable report dated 23.10.2015 of the respondent police and to direct the respondent police to register the F.I.R. based on the petitioner's complaint dated 23.10.2015.

2. The petitioner herein is the owner of the property in R.S.No.166/6, No.58, Pandasozhanallur Revenue Village, Nettapakkam Commune, Bahour, Pondicherry measuring an extent of 44 kuzhis and 4 veesam. It is alleged that the accused persons viz., Ayyappan, Thavapudalvan and Thamilnidhi tried to trespass into the said property and hence, he lodged a complaint with the respondent on 23.10.2015. However, the respondent registered the case and gave a report on the same day wherein an observation has been made that the accused persons were in possession of the property. Hence, the petitioner has come up with the present petition to set aside the said non-cognizable report dated 23.10.2015.

3.Learned Additional Public Prosecutor would submit that on the https://hcservices.ecourts.gov.in/hcservices/

complaint lodged by the petitioner an enquiry had been conducted and already closure report had also been filed.

4. In view of the submission made by the learned Additional Public Prosecutor, since already closure report had been filed, the petitioner is at liberty to work out his remedy in the manner known to law. This Criminal Original Petition is disposed of accordingly. -sd/ ASSISTANT REGISTRAR / TRUE COPY / Sub-Assistant Registrar smi To

1. The Station House Officer, Nettapakkam Police Station, Puducherry.

2.The Public Prosecutor, High Court, Madras.

+1 CC TO MR.R.THISGARAJAN,ADVOCATE SR.NO. 34081 PVR[CO] SD 14/12/2015 Crl.O.P.No.28032 of 2015 https://hcservices.ecourts.gov.in/hcservices/