Madras High CourtCRL OP/22535/2018disposed of

S.Shankar, v. The Superintendent Of Police,

2018-09-20Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22535 of 2018 S.Shankar

...Petitioner

Vs.

1.The Superintendent of Police, Vellore, Vellore District.

2.The Inspector of Police, Katpadi Police Station, Vellore District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the case based on the complaint dated 19.03.2018 and investigate the same and file the final report within stipulated time.

For Petitioner :Mr.M.Sathish Kumar For Respondents :M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register a case based on the complaint given by the petitioner dated 19.03.2018.

2.The learned counsel for the petitioner has submitted that the petitioner has purchased certain properties under a registered sale deed dated 26.07.2017 and thereafter the petitioner with an intention to reconstruct the building, has attempted to demolish the existing building. But the accused persons criminally intimidated and also abused the petitioner and hence, the petitioner has lodged a complaint before the second respondent on 19.03.2018, but, so far, no action has been taken.

3.The learned Public Prosecutor has submitted that the complaint is still pending for enquiry.

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

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vji/vsa To 1.The Superintendent of Police, Vellore, Vellore District.

2.The Inspector of Police, Katpadi Police Station, Vellore District.

3.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.M.Sathishkumar, Advocate SR.NO.65937 sm:26.10.2018 CRL.O.P.No.22535 of 2018 https://hcservices.ecourts.gov.in/hcservices/