Madras High CourtCRL OP/28513/2015disposed of

Pachamuthu v. The Inspector Of Police

2015-11-26Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH CRL.O.P.No.28513 of 2015 Pachamuthu ... Petitioner Vs State rep by The Inspector of Police, Thalaivasal Police Station, Salem District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking direction to the respondent to register a case on the petitioners complaint dated 05/01/2015 which is pending in CSR No.5/2015 and investigate the case within the time fixed by this Hon'ble Court.

For Petitioner : Mr.R.Asaithambi For Respondent : Mr.C.Emalias, APP

O R D E R

This criminal original petition has been filed seeking direction to the respondent to register the petitioner's complaint dated 05.01.2015 in CSR.No.5 of 2015.

2. The petitioner is residing at Kattukottai, Thenkumarai Village, Attur Taluk, Salem District. It is the case of the petitioner that there is a land dispute between the petitioner and his neighbours. On 23.12.2014, his neighbours namely Suresh, Chinnasamy and Saroja entered the petitioner's land and cut down the trees. When the petitioner questioned the same, they abused the petitioner in filthy language. Hence, the petitioner lodged a complaint on 05.01.2015. On receipt of the said complaint, CSR has been assigned by the respondent police in CSR No.5 of 2015. Till date, no action has been taken on the said complaint. Hence, the present criminal original petition has been filed.

3. Learned Additional Public Prosecutor appearing for the respondent submitted that the dispute between the petitioner and his neighbours with regard to boundary is civil in nature and thus, he opposed to give a direction.

4. Though a CSR number has been assigned, this Court directs the respondent police to enquire into the complaint in CSR.No.5 of 2015 https://hcservices.ecourts.gov.in/hcservices/

and proceed further in accordance with law, as early as possible, preferably within two months from the date of receipt of a copy of this order.

The criminal original petition is disposed of accordingly. Gya Sd/- Assistant Registrar (Judicial) /TRUE COPY/ Sub-Assistant Registrar To 1.The Inspector of Police, Thalaivasal Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.28513 of 2015 CRL.OP.NO.28513 OF 2015 PPA (CO) SD 15/12/2015 https://hcservices.ecourts.gov.in/hcservices/