M.Nagaraj v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30065 of 2015 M.Nagaraj ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Vellore, Vellore District.

2.The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellore. .... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent herein to register the complaint of the petitioner dated 11.08.2015 and further direct the respondents to investigate the case in accordance with law and to file a final report.

For Petitioner :

Mr.Vanathi Srinivasan For Respondents :

Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the second respondent herein to register the complaint of the petitioner dated 11.08.2015 and further direct the respondents to investigate the case in accordance with law and to file a final report.

2. The petitioner herein states that S.F.No.265/1A1, 265 A1/E, 265 A/1B for an extent of 0.33.34 cents and 0.01 1⁄4 cent belongs to one A.P.Raja Santhosh, who is the brother-in-law of the petitioner. The said land were transferred to the petitioner

for developments. On 02.06.2015 at about 11 a.m., one Jeeva, Selvam, Rajamanickam, Ramachandran and Tirupathi kidnapped the petitioner in a Tata Suma vehicle to the Sub-Registrar office and forcibly made the petitioner to register the sale deed in favour of Tirupathi Gounder. The petitioner came to know that Tirupathi Gounder had decided to sell the lands to one K.Krishnamoorthy, D.Shankar and H.Bharathi for the consideration of Rs.70,50,000/-. The petitioner also came to know that all these were done at the instigation of one K.Thirugnanam Chettiar, S/o A.Krishna Chettiar and K.Periyanna, Village President, Ammanay Kovil. Though the petitioner has given a complaint to the 2nd respondent, the 2nd respondent refused to receive the same. Hence, the petitioner sent a complaint to the 1st respondent through registered post on 11.08.2015. Since no action has been taken so far, the present petition has been filed.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that the complaint was sent by post and if a fresh complaint is given in person by the petitioner to the respondent police, necessary action will be taken.

4. In view of the submission made by the learned Additional Public Prosecutor, this Court directs the petitioner to give a fresh complaint to the 2nd respondent along with a copy of this order within one week from the date of receipt of a copy of this order. On receipt of the same, the 2nd respondent police is directed to conduct an enquiry on the complaint given 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.

5. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsi

To 1.The Superintendent of Police, Office of the Superintendent of Police, Vellore, Vellore District.

2.The Inspector of Police, Natrampalli Police Station, Natrampalli, Vellore.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.30065 of 2015 ksj co kra 20.01.2016