Pon Velu v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.15131 OF 2021 Pon Velu ... Petitioner

Versus

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

2. The Inspector of Police, Vaniyambadi Rural Police Station, Thirupattur District.

... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the complaint as per C.S.R. No.558/2021 and the petitioner representation dated 31.07.2021 on the file of respondent herein in accordance with law.

For Petitioner : M/s.R.Sankarasubbu For Respondents :

Mr.A.Damodaran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register the complaint.

2. The petitioner, who is a 70 years old person, had lodged a complaint to the respondent police against one Kasthuri, who has been encroaching the petitioner's property and putting up constructions. The respondent police, who are in collusion with the said Kasthuri, had not taken any action despite 3 complaints have been lodged against her.

3. The learned Government Advocate (crl.side) submitted that on the complaints of the petitioner, CSRs came to be assigned. Against the first complaint dated 13.07.2021, CSR No.558 of 2021 assigned, in which, enquiry has been conducted and closed on 15.07.2021. Against the 2nd complaint, dated 27.07.2021, CSR No.604 of 2021 assigned, in which also, enquiry has been conducted and closed on 28.07.2021. On the 3rd complaint, dated 18.08.2021, CSR No.672 of 2021 assigned and the same is pending. He would further submit that both the petitioner and the said Kasthuri are relatives and they have some dispute over the property. Hence, both were advised to approach Civil Court. Despite the same, the petitioner has been lodging complaints one or other with the same set of facts.

4. The learned counsel for the petitioner submitted that without conducting any enquiry with the petitioner, the respondent police had closed the complaints. The reason, for which, the complaint has been closed was not informed to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submissions, the petitioner is directed to appear before the respondent police on 06.09.2021. On that date, the respondent police to serve the copies of the closure report in all the CSR Nos.558 of 2021, 604 of 2021 and 672 of 2021 and also inform the reasons for the same. The petitioner has agitate the same, in the manner known to law, if he advised so.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mrp To

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

2. The Inspector of Police, Vaniyambadi Rural Police Station, Thirupattur District.

3. The Public Prosecutor, High Court, Madras - 104.

CRL.O.P.NO.15131 OF 2021 PVS(CO) PBS/07/09/2021