Madras High CourtCRL OP/30577/2015dismissed

B.Liyakath Ali, v. The Superintendent Of Police,

2016-01-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.30577 of 2015 B.Liyakath Ali ... Petitioner Vs The Superintendent of Police, Office of the Superintendent of Police, Erode District.

... Respondent K.P.Arumugam (R2 impleaded as per order dated 12.1.2016 made in Crl.MP.420/16) Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register the petitioner's complaint dated 17.12.2015.

For Petitioner :

M/s.Jury Brain Law Offices For respondent :

Mr.C.Emalias, Addl.Public Prosecutor Mr.N.Manokaran, for intervenor.

ORDER

The present criminal original petition has been filed seeking a direction to the respondent to register the petitioner's complaint dated 17.12.2015.

2. It is the case of the petitioner that he has lodged a complaint with the respondent police on 23.5.2015 as against one K.A.S.Arumugam and others on the allegation of land grabbing. Though the said complaint was given as early as on 23.5.2015, till date, no action was taken on the said complaint. Hence, the petition.

3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that on the complaint dated 23.5.2015 given by the petitioner, a detailed enquiry was conducted and the same was closed and the closure report was filed before the concerned Court. https://hcservices.ecourts.gov.in/hcservices/

4. I have also heard the learned counsel appearing for the intervenor, who opposed to give such a direction.

5. Since the complaint lodged by the petitioner was already closed, this Court cannot give a direction to the respondent police to enquire into the matter. Hence, the present criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in a manner know to law, if he is so advised. The respondent is directed to serve a copy of the closure report to the petitioner within a period of one week from the date of receipt of a copy of this order. sbi s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Erode District.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.N.Manokaran, Advocate SR 5464 + 1 cc to Mr.S.S.Karthikeyan, Advocate SR 5465 kk(co) prk11/2 Crl.O.P.No.30577 of 2015 https://hcservices.ecourts.gov.in/hcservices/