V.Lenin v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Lenin ... Petitioner Vs.

1.The Superintendent of Police, Chengalpattu District.

2.The Inspector Of Police, Chengalpattu Land Grab Prevention Unit, District Crime Branch, Chengalpattu District 3.The Assistant Inspector Chengalpattu Land Grab Prevention Unit, District Crime Branch, Chengalpattu District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Criminal Procedure Code, pleased to direct the 2nd respondent herein to implement the order passed by the District Cum Judicial Magistrate, Cheyyur in Crl.M.P.No.1565 of 2023 online CMP.No.528 of 2023 dated 06.10.2023.

For Petitioner : Mr.A.M.Esakkiappan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed seeking direction to the 2nd respondent to implement the order passed by the District Cum Judicial Magistrate, Cheyyur, dated 06.10.2023 to register the complaint and file final report.

2.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that pursuant to the direction of the Court dated 06.10.2023, preliminary enquiry was conducted and found that it is a civil dispute regarding the property pending before Cheyyur District Munsif Court and therefore, the parties were called and advised to workout their remedy before the civil Court. The final enquiry report was submitted to the Judicial Magistrate on 19.03.2024. 3.

Considering the fact that the dispute between the petitioner and the rival claimants Gnanaprakasam and Hareshkumar is the subject matter of civil suit pending and therefore, the 2nd respondent police has closed the complaint. This Court finds no error in the conclusion of the preliminary enquiry. The petitioner has to work out the remedy before the civil Court and not through police. Hence this Criminal Original Petition 2/4

is dismissed.

21.08.2024 rpl To 1.The District Cum Judicial Magistrate, Cheyyur 2.The Superintendent of Police, Chengalpattu District.

3.The Inspector Of Police, Chengalpattu Land Grab Prevention Unit, District Crime Branch, Chengalpattu District 4.The Assistant Inspector Chengalpattu Land Grab Prevention Unit, District Crime Branch, Chengalpattu District.

5.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

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rpl 21.08.2024 4/4