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Madras High CourtCRL OP/813/2015disposed of

Mrs.V.Sasikala v. State Rep By

2015-03-05Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No.813 of 2015 and M.P.No.1 of 2015 V.Sasikala

...Petitioner

vs.

The State, rep. by Inspector of Police, R3 Ashok Nagar Police Station, Chennai - 83.

...Respondent

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent/Police to register an FIR on the basis of the complaint, dated 03.01.2015, given by the petitioner's mother, T.C.Padmavathy to the respondent For Petitioner : Mr.K.J.Saravanan For Respondent : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

It is submitted by the learned Additional Public Prosecutor for the respondent/Police that, after enquiry, it was found that the matter is civil in nature, therefore, enquiry was closed. The learned Additional Public Prosecutor also produced a copy of the closure report filed by the Inspector of Police, R3 Ashok Nagar Police Station, Chenna, for perusal of this Court. 2.

It is seen from the said closure report that, as per the report of the Tahsildar, Firthouse Khan encroached 500 feet of property belonging to the petitioner. Hence, the respondent/Police is directed to register a case on the basis of the complaint given by the petitioner, dated 03.01.2015, if any cognizable offence is made out, by following the dictum laid down by the Hon'ble Apex Court in re Lalita Kumari vs. Govt. of U.P. & others, reported in [2013 (4) Crimes 243 (SC)].

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

3. The Criminal Original Petition is disposed of, with the above direction.

-s/d- Assistant Registrar( ) Dt:23/3/2015 True Copy Sub-Assistant Registrar To 1.

Inspector of Police, R3 Ashok Nagar Police Station, Chennai - 83.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.J.Saravanan, Advocate, SR 12412 + 1 cc to Mr.M.Babu Muthu Meeran, Advocate SR 12214 lrs(co) prk23/3 Crl.O.P.No.813 of 2015 https://hcservices.ecourts.gov.in/hcservices/