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Madras High CourtCRL OP/28551/2015disposed of

Tmt. S. Susila 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.28551 of 2015 Tmt. S.Susila ... Petitioner Vs

1. The Superintendent of Police, Salem District, Office at Nethimedu, Salem - 10.

2. The Inspector of Police, Thambanpatti Police Station, Salem District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to register the complaint of the petitioner dated 31.08.2015 and investigate the same in accordance with law to secure the ends of justice. For Petitioner : Mr.K.Nagarajan For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondents to register the complaint of the petitioner dated 31.08.2015 and investigate the same in accordance with law to secure the ends of justice.

2. The petitioner herein has lodged a complaint as against one Kavitha, wife of Kumar, Kalaiselvan, son of Kesavan, Tamilselvam, son of Kesavan, Kesavan, son of Perumal, Raja @ Selvaraj, son of Duraisami Naicker on the allegation that they encroached the property of the petitioner. Though the said complaint was lodged on 31.08.2015, no action has been taken on the said complaint till date. Hence, the present criminal original petition has been filed.

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

4. The learned Additional Public Prosecutor submitted that the complaint was sent only by post and if a direction is given to the petitioner to give a fresh complaint, necessary action will be taken.

5. In view of the submissions made on either side, this Court directs the petitioner to give a fresh complaint to the second respondent, along with a copy of this order, within a period of one week from the date of receipt of a copy of this order, and on receipt of the same, the second respondent is directed to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

vrc s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, Salem District, Office at Nethimedu, Salem - 10.

2. The Inspector of Police, Thambanpatti Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Nagarajan, Advocate SR 64486 sv(co) prk4/1 Crl.O.P.No.28551 of 2015 https://hcservices.ecourts.gov.in/hcservices/