A.Albert Rajkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.OP.NO.14630 OF 2021 A.Albert Rajkumar ... Petitioner

Versus

State by The Inspector of Police, K4, Anna Nagar, Police Station, Anna Nagar, Chennai - 600 040.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent Inspector of Police, K-4, Anna Nagar Police Station, to register the complaint given on 17.07.2021 and followed by 25.07.2021 sent by online and prosecute the case.

For Petitioner : Mr.S.N.Amarnath For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the first respondent Inspector of Police, K-4, Anna Nagar Police Station, to register the complaint given on 17.07.2021 and followed by 25.07.2021 sent by online and prosecute the case. 2.The petitioner had lodged a complaint on 17.07.2021 against his sister viz., Mrs.Beula Rajkumari. There seems to be some property dispute between them. On his complaint, the petitioner was called for enquiry on 27.07.2021. Thereafter, no action has been taken by the respondent police. Hence the above petition is filed.

3.The learned Additional Public Prosecutor submits that a property dispute is running between the petitioner and his sister. The petitioner earlier lodged three complaints and CSR.Nos.193/2021, 372/2021 & 431/2021 assigned. On her part the petitioner's sister had lodged three complaints in CSR.Nos.188/2021, 488/2021 and 430/2021. Earlier to it there have been complaints against each other in Crime No.140 of 2019, which culminated into a charge sheet for offence under Sections 341, 294(b), 323 and 506(ii) IPC and finally ended in acquittal on the side of the petitioner. There are two C.C.Nos.478 of 2019 and 673 of 2019 against the petitioner. On the part of the petitioner, on his complaint Crime No.477 of 2019 came to be registered and trial is pending against his sister.

Both the petitioner and his sister are making complaint and counter complaint against each other, which all revolves around a property dispute. The petitioner was called for enquiry and directed to produce some documents, but he failed to do so. 4.The learned counsel appearing for the petitioner on instruction submits that the petitioner is ready and willing to appear before the respondent police on 07.12.2021 and give his explanation and submit the documents.

5.Considering the submissions and on perusal of the materials, this Court directs the respondent police not to register the FIR as and when they received the complaints from the petitioner and his sister. In view of the above, the petitioner is directed to appear before the respondent police on 07.12.2021 and give his explanation and submit the documents. Thereafter the respondent police is directed to dispose of the complaint of the petitioner.

6.Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ah

To

1. The Inspector of Police, K4, Anna Nagar, Police Station, Anna Nagar, Chennai - 600 040.

2. The Public Prosecutor, High Court, Madras.

Crl.OP.No.14630 of 2021 RP(CO) RLP(06/12/2021)