Madras High CourtCRL OP/30213/2015dismissed

Mrs.Mary Diana Shiny v. The Inspector Of Police

2015-12-21Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30213 of 2015 Mary Diana Shiny ... Petitioner Vs 1.The Inspector of Police, S-15, Selaiyur Police Station, Chennai-600 073.

2.The Tahsildar, Tambaram, Chennai-45.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to file a charge sheet in Crime No.825 of 2014, dated 7.7.2014.

For Petitioner :

Mr.S.Rajesh For respondents :

Mr.C.Emalias, Addl.Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the respondents to file a charge sheet in Crime No.825 of 2014 dated 7.7.2014.

2. It is the case of the petitioner that she is residing at Old Door No.7/49 New No.4/6, Barathiar Street, Santhoshpuram, East Tambaram, Chennai for the past 25 years. While so, one Martin, her adjacent plot owner, without having any legal rights and certificate from the Government authorities, started causing public nuisance and trouble by converting his house into an unauthorized Church in the second floor. Hence, the petitioner lodged a complaint with the Deputy Commissioner of Police, St. Thomas Mount Range, who in turn, forwarded the same to the first respondent and the first respondent registered a case in Crime No.825 of 2014 under Section 133 Cr.P.C. Though https://hcservices.ecourts.gov.in/hcservices/

the said complaint was registered as early as on 7.7.2014, till date, no action was taken on the said complaint. Hence, the present petition.

3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that the matter has been referred to Tahsildar, Tambaram under Section 133 Cr.P.C. and hence, the question of filing final report by the first respondent police does not arise. Thus, the sought for the dismissal of the petition.

4. Since on the complaint lodged by the petitioner, an enquiry is pending before the Tahsildar, Tambaram, I am of the opinion, the petitioner has to seek appropriate remedy only before the Tahsildar, Tambaram. Hence, the criminal original petition is dismissed. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar sbi To 1.The Inspector of Police, S-15, Selaiyur Police Station, Chennai-600 073 2.The Tahsildar, Tambaram, Chennai-45 3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.S. Rajesh, Advocate, Sr. 68772 Crl.O.P.No.30213 of 2015 SKV (CO) kk 8/1 https://hcservices.ecourts.gov.in/hcservices/