Madras High CourtCRL OP/29770/2015disposed of

Kakollu Prasad v. The Superintendent Of Police

2015-12-16Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29770 of 2015 1.Kakollu Prasad 2.Kakarla Ravindra 3.Yamala Ramesh

...Petitioners/Defacto

Complainants Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Tiruvallur.

2.The Inspector of Police, District Crime Branch, Thiruvallur District, Thiruvallur. ...Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent police to register a case based on the complaint dated 25.09.2015 lodged before the first respondent police, which has been forwarded to the second respondent police and presently pending before the second respondent police vide C.No.209/2015.

For Petitioners :

M/s. Raji and Rajan Associates For respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent police to register a case based on the complaint dated 25.09.2015 lodged before the first respondent police, which has been forwarded to the second respondent police and presently pending before the second respondent police vide C.No.209/2015.

2. The petitioner lodged a complaint against one K.V.rAthinam, S/o Thirupattiya before the 1st respondent on the allegation of land grabbing and the said complaint was forwarded by the 1st respondent to the 2nd respondent. Though the complaint was lodged on 25.09.2015, till date no action was taken. Hence, the present petition.

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

4. Learned Additional Public Prosecutor submitted that the complaint lodged by the petitioner is pending before the Anti Land Grabbing Cell, Thiruvallur, and not with the second respondent police.

5. In view of the submission made by the learned Additional Public Prosecutor, the Inspector of Police, Anti Land Grabbing Cell, Thiruvallur, is directed to conduct an enquiry on the complaint lodged by the petitioner and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible. In the course of enquiry, if no prima facie is made out or the matter is civil in nature, he is directed to pass appropriate orders on the complaint made by the petitioner.

6. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsi/cla To 1.The Superintendent of Police, Office of the Superintendent of Police, Tiruvallur.

2.The Inspector of Police, District Crime Branch, Thiruvallur District,Thiruvallur.

3. The Inspector of Police, Anti Land Grabbing Cell, Thiruvallur.

4.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.Raji and Rajan, Associates SR.67680 Crl.O.P.No.29770 of 2015 EU 22.12.15 https://hcservices.ecourts.gov.in/hcservices/