Madras High CourtCRL OP/13643/2018disposed of

V.Murali, M/39, v. The Superintendent Of Police,

2018-05-17Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM Crl.O.P.No.13643 of 2018 V.Murali ... Petitioner Vs.

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

2. The Sub Inspector of Police, B1, New Town Police Station, Cuddalore.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent police to register the complaint dated 30.04.2018 accordance with law. For Petitioner : Mr.R.Ravindra Ram For Respondents : Ms.P.Kritika Kamal.

Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the second respondent to register a First Information Report based on the complaint given by the petitioner, dated 30.04.2018.

2. The learned counsel for the petitioner submitted that the accused persons have trespassed into the petitioner's property and caused damage to the value of Rs.50 lakhs. Against that, the petitioner has lodged a complaint before the second respondent on 30.04.2018, but so far no action has been taken.

3. The learned Government Advocate (Crl. Side) has submitted that the petitioner has already filed a suit against the accused persons, but he has not obtained any interim order and hence, the second respondent is not in a position to take further action on the petitioner's complainant. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the aforesaid submission, the second respondent is directed to conduct preliminary enquiry with regard to the petitioner's complaint and if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law. In case, the enquiry reveals only a civil dispute or a non-cognizable offence, then he has to direct the petitioner to approach the appropriate forum for obtaining proper relief, under the provisions of law.

5. With the aforesaid directions, this petition is disposed of.

Sd/- Vacation Officer/ Assistant Registrar(AD-I) //True Copy// Sub Assistant Registrar rts To

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

2. The Sub Inspector of Police, B1, New Town Police Station, Cuddalore.

3. The Public Prosecutor High Court, Chennai.

+1cc to Mr.R.RAVINDRA RAM, Advocate, S.R.No. 33853 Crl.O.P.No.13643 of 2018 KGK(CO) TR(23/05/2018) https://hcservices.ecourts.gov.in/hcservices/