Madras High CourtCRL OP/5543/2015closed

S.Rani, v. The Superintendent Of Police,

2015-04-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2015 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.5543 of 2015 S.Rani ... Petitioner Vs.

1. The Superintendent of Police, Kanchipuram District, Kanchipuram.

2. The Inspector of Police, C-3 Manimangalam Police Station, Kanchipuram District - 602 105 ... Respondents Prayer:- Petition has been filed under Section 482 of Cr.P.C. to direct the respondents to register the case based on the complaint given by the petitioner dated 05.02.2015 and to investigate and file a final report in accordance with law.

For Petitioner : Mr.J.S.Arunkumar For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition to direct the respondents to register the case based on the complaint given by the petitioner dated 05.02.2015 and to investigate and file a final report in accordance with law.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. The learned Additional Public Prosecutor would submit that the suit in OS.No.380 of 2012 is pending between the petitioner and the proposed accused.

https://hcservices.ecourts.gov.in/hcservices/

4. On a reading of the complaint, it is seen that the petitioner is claiming to be in possession of the land during the pendency of the suit and it is her contention that she was dispossessed. These aspects cannot be gone into by the Police and that by itself would amount to interfering into the matter which is sub-judice in Civil Court.

Hence no positive direction can be issued to the respondent.

5. With the above observation, this petition is closed with a liberty to the petitioner to work out his remedies in the manner known to law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd To

1. The Superintendent of Police, Kanchipuram District, Kanchipuram.

2. The Inspector of Police, C-3 Manimangalam Police Station, Kanchipuram District - 602 105

3. The Public Prosecutor, High Court, Madras.

1 cc to Mr. J.S.Arunkumar,Advocate, SR.No.19322 Crl.O.P.No.5543 of 2015 rsu(co) pmk.17.4.2015 https://hcservices.ecourts.gov.in/hcservices/