R.Murugesan v. The Inspector 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.29413 of 2015 R.Murugesan ... Petitioner/Complainant ..Vs..

The Inspector of Police, Kundrathur Police Station, Kundrathur.

... Respondent/Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the complaint of the petitioner dated 10.10.2015, investigate the same and file Final Report.

For Petitioner : Mr.S.Senthilnathan For Respondent :

Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the respondent to register the petitioner's complaint dated 10.10.2015 on the file of the respondent, investigate the same and file Final Report.

2. In the affidavit accompanying the petition, the petitioner has stated that he is the owner of 75 cents of land in Survey No.105/1B of Erandam Kattalai Village and the same is in his possession. While so, one Nirmala and her husband Selvam and one Ramachandra Naicker were unnecessarily creating trouble to the petitioner by stating that the said lands belong to them. Since the petitioner has got sale deed, patta and tax receipts in his name, he filed a Suit before the District Munsif Court, Sriperumbudur in O.S.No.430 of 2015 and obtained an order of injunction in I.A.No.1752/2015 stating that no person should enter into the said lands. He also kept a board in his land on 10.10.2015 stating that no outsiders should enter his lands. While so, on the same day, the aforesaid Nirmala's father, her husband Selvam and father-in-law, Ramachandra Naicker along with his men came to the petitioner's lands and threw away the notice https://hcservices.ecourts.gov.in/hcservices/

board from the place. Pursuant to the said incident, the petitioner made a complaint to the respondent police on 10.10.2015. Since no action was taken on his complaint, the petitioner has come up with the present Criminal Original Petition.

3.

Heard the learned counsel for the petitioner as also the learned Additional Public Prosecutor appearing for the respondent.

4.

Learned Additional Public Prosecutor appearing for the respondent would submit that C.S.R. number has been assigned to the petitioner's complaint vide C.S.R.No.399/2015 and the matter is pending.

5.

Considering the above submissions and taking note of the fact that C.S.R. has been assigned to the petitioner's complaint vide C.S.R.No.399/2015, this Court feels it appropriate to direct the respondent to conduct an enquiry on the petitioner's complaint dated 10.10.2015 if enquiry is not conducted so far, and proceed further in accordance with law, as early as possible.

This Criminal Original Petition is disposed of accordingly. -s/dAssistant Registrar(CsII) True Copy Sub-Assistant Registrar aeb To :

1.

The Inspector of Police, Kundrathur Police Station, Kundrathur.

2.

The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.SenthilNathan Advocate sr.67101 Crl.O.P.No.29413 of 2015 ctk(co) aa19/01/2016 https://hcservices.ecourts.gov.in/hcservices/