Madras High CourtCRL OP/5330/2016disposed of

Seenuvasan v. State Rep. By

2016-03-10Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.5330 of 2016 Seenuvasan ... Petitioner . Vs .

1. State, Rep. by Sub-Inspector of Police Land Grabbing Protection Special Wing, Thiruvannamalai District, Thiruvannamalai.

2. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents in the complaint dated 05.02.2016 to investigate and register a complaint under Sections 447, 468, 294(b) and 506(ii) of IPC.

For Petitioner : Mr.R.Balakrishnan For Respondents :

Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the second respondent police to investigate and register a case under Sections 447, 468, 294(b) and 506(ii) of IPC, on the basis of the complaint given by the petitioner dated 05.02.2016

2. The learned counsel for the petitioner would submit that the petitioner has given a complaint to the second respondent police as early as on 05.02.2016, but, however, the second respondent police had not taken any steps to register a case and hence, the petitioner has come forward with this petition for the above stated relief.

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3. At this juncture, the learned Additional Public Prosecutor would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending.

4. Considering the rival submissions made on both sides, the second respondent police is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

5. With the above direction, this Criminal Original Petition is disposed of.

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

1. The Sub-Inspector of Police Land Grabbing Protection Special Wing, Thiruvannamalai District, Thiruvannamalai.

2. The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Balakrishnan, Advocate, S.R.No.15474 CRL.O.P.No.5330 of 2016 SAI(CO) CA(22/03/2016) https://hcservices.ecourts.gov.in/hcservices/