N.Venkatesan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.9821 of 2015 N.Venkatesan ...

Petitioner Vs 1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Inspector of Police, G-6, Cheyyur Police Station, Cheyyur, Kancheepuram District. ...

Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents to register a case on the complaint of the petitioner dated 03.02.2015 to investigate on the complaint and to file a final report before the competent criminal Court.

For Petitioner :Mr.K.Selvaraj For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the respondents to register a case on the complaint of the petitioner dated 03.02.2015, to investigate the same and to file a final report, the petitioner has come up with this petition.

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

3.Earlier, the petitioner has approached this Court in W.P.No.2645 of 2015 alleging that on the complaint given by one R.Gunasundari, the 4th respondent in the said Writ Petition, the police unnecessarily harassed the petitioner and the dispute between Gunasundari and the petitioner, is civil in nature and on 04.02.2015, this Court has passed the following orders: "4.Accordingly, the writ petition is disposed of with the observation that second respondent police shall not harass the petitioner in amy manner based on the complaint given by the fourth respondent. However, this will not prevent the second respondent to proceed with the enquiry in accordance with law."

4.Now, it is alleged by the petitioner that Gunasundari has removed all the mango saplings in the disputed property and that the police should have taken action on the complaint given by the petitioner on 03.02.2015. On one breath, when the dispute between

Gunasundari and the petitioner, is a civil dispute and on the other breath, the petitioner prays that the police has to interfere and take action against Gunasundari for removing the mango saplings. Hence, no positive direction in this aspect can be granted and it is left open to the petitioner to work out his remedies in the manner known to law. Hence, this petition is closed. 24.04.2015 mps To 1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Inspector of Police, G-6, Cheyyur Police Station, Cheyyur, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH,J.

mps Crl.OP.No.9821 of 2015 24.04.2015