Madras High CourtCRL OP/28521/2015disposed of

D.Lakshmi v. State Rep By

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.28521 of 2015 D.Lakshmi ... Petitioner Vs State rep by Sub-Inspector of Police, Anamalai Police Station, Coimbatore District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking direction to the respondent to register a case on the basis of the complaint of the petitioner dated 03.11.2015 and investigate the same according to law and file a final report within a stipulated time.

For Petitioner : Mr.S.Gunalan For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the respondent to register a case on the petitioner's complaint dated 03.11.2015.

2. The petitioner lodged a complaint on 03.11.2015 as against one Thirumalaisami stating that there is a land dispute between the parties. In this regard, a civil suit is pending between the petitioner and the counter petitioner. In this situation, the said Thirumalaisami and his henchmen by entering into the petitioner's property, plucked the coconuts and created problem with the petitioner. On receipt of the said complaint, CSR has been assigned in CSR.No.271 of 2015 by the respondent police. 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 matter is a civil dispute and thus, opposed to grant direction.

https://hcservices.ecourts.gov.in/hcservices/

4. Considering the submissions made on either side, this Court is of the opinion that it is appropriate to direct the respondent police to enquire in to the petitioner's complaint in CSR.No.271 of 2015 and proceed further in accordance with law, as early as possible.

This criminal original petition is disposed of accordingly. Gya Sd/- Assistant Registrar (CS-III) /True Copy/ Sub-Assistant Registrar To

1. The Sub-Inspector of Police, Anamalai Police Station, Coimbatore District.

2. The Public Prosecutor, High Court, Madras.

+1 C.C. To MR.S.Gunalan, Advocate in SR.NO.64364 Crl.O.P.No.28521 of 2015 SKV(CO) sd : 15/12/2015 https://hcservices.ecourts.gov.in/hcservices/