Chenniappan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28640 of 2015 Chenniappan ... Petitioner ..Vs..

1.

The Superintendent of Police, O/o.Superintendent of Police, Erode District.

2.

The Inspector of Police, Thingalur Police Station, Erode District, Erode.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 2nd respondent herein to register a case based on the occurrence dated 05.10.2015. For Petitioner : Mr.S.Kaithamalai Kumaran For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the 2nd respondent herein to register a case based on the occurrence dated 05.10.2015. 2.

It is the case of the petitioner that on 05.10.2015, about 1.30 p.m., one Rakiannan and others forcibly entered into his land and started ploughing the lands, which were in the possession of the petitioner and his brother and dismantled the stones fixed therein. When the petitioner along with one Chenniappan questioned the same, they abused the petitioner in a filthy language and attacked him with a broken bottle on his back and hands, which resulted in bleeding injuries. In this regard, the petitioner made a complaint to the 1st respondent on 29.10.2015. Since no action is taken on the said complaint, having no other alternative, the petitioner has come up with the present Criminal Original Petition seeking a direction to the https://hcservices.ecourts.gov.in/hcservices/

respondent police to register a case based on the said occurrence.

3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4.

Learned Additional Public Prosecutor appearing for the respondents submitted that C.S.R.No.106/2015 was assigned to the petitioner's complaint and C.S.R.No.107/2015 was assigned to the complaint given by the counter petitioner. Since both the complaints were enquired and closed, he would submit that no further orders are necessary in this matter.

5.

Taking note of the said submissions, as the petitioner's complaint as also the counter petitioner's complaint have been enquired and closed, nothing further survives for consideration in this matter. Accordingly, this Criminal Original Petition is dismissed. However, the respondent police is directed to serve a copy of the Closure Report to the petitioner.

sd/- Assistant Registrar(Cs-III) /TRUE COPY/ Sub-Assistant Registrar aeb To :

1.

The Superintendent of Police, O/o.Superintendent of Police, Erode District.

2.

The Inspector of Police, Thingalur Police Station, Erode District, Erode.

3.

The Public Prosecutor, High Court, Madras.

+1 CC to MR.S.Kaithamalai Kumaran Advocate. SR.NO.66568 Crl.O.P.No.28640 of 2015 CO-KGK JD 19/01/2016 https://hcservices.ecourts.gov.in/hcservices/