Thenmozhi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2016

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29476 of 2015

1. Thenmozhi

2. Vijaya

3. Velanganni ... Petitioners Vs.

1. The State of Tamilnadu Rep by the Inspector of Police, R6, Kumaran Nagar Police Station, Chennai.

2. The Commissioner of Police, Vepery, Chennai - 7

3. The Director General of Police Chennai -4 ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first respondent herein to register the complaint of the petitioners herein dated 02.09.2015 not to commit criminal trespass into the house of the petitioners and investigate the same under the supervision of the third respondent.

For Petitioners :

Mr.S.Arunkumar For Respondents :

Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the first respondent to register the complaint dated 02.09.2015, not to commit criminal trespass into the house of the petitioners and investigate the same under the supervision of the third respondent.

2.The petitioners herein lodged a complaint on 02.09.2015 as against one Bakhyaraj, Sub Inspector of Police stating that on 30.08.2015 in the night at about 12.00p.m, the said Bakhyaraj along with police officials committed criminal trespass into the https://hcservices.ecourts.gov.in/hcservices/

petitioner's house and indulged in caste based atrocities, but till date no action was taken. Hence, this petition.

3. Today when the matter was taken up for consideration, the learned Additional Public Prosecutor submitted that the said Bakhyaraj also belongs to schedule caste and on completion of enquiry, the complaint lodged by the petitioners as against the said Bakhyaraj was closed. He has also produced the closure report. The copy of the closure report was also served to the learned counsel appearing for the petitioners in open Court today (05.01.2016) by learned Additional Public Prosecutor.

4. Considering the submissions made by the learned Additional Public Prosecutor, since already the complaint has been closed, now nothing survives in this petition for adjudication and hence, this Criminal Original Petition is dismissed. However, the petitioners are at liberty to work out their remedy in the manner known to law.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar srn To

1. The Inspector of Police, State of Tamilnadu R6, Kumaran Nagar Police Station, Chennai.

2. The Commissioner of Police, Vepery, Chennai - 7

3. The Director General of Police Chennai -4 4.The Public Prosecutor High Court, Madras.

+1 CC to M/s.S.Arunkumar, Advocate, sr.1189 Crl.O.P.No.29476 of 2015 ala co kra 20.01.2016 https://hcservices.ecourts.gov.in/hcservices/