Patlur Primary Agricultural v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5639 of 2016 Patlur Primary Agricultural Co-operative Credit Society (S.608) rep. by its Secretary C.Saraswathi P.Goundampalayam post Tiruchengode Taluk Namakkal District.

.. Petitioner Vs.

1.The Superintendent of Police Namakkal District, Namakkal.

2.The Sub-Inspector of Police Molasi Police station Tiruchengode Taluk Namakkal District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register a case based on the petitioner's complaint dated 16.03.2015 and to extend police protection to construct the compound wall to the petitioner Co-operative Society building and land situated at P.Goundampalayam village, Tiruchengode Taluk, Namakkal District. For Petitioner :Mr.Venkataswamy Babu For Respondent :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the second respondent to register a case pertaining to the petitioner's complaint dated 16.03.2015 and to extend police protection to construct the compound wall to the petitioner's society.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondent on 16.03.2015. But the respondent has not shown any interest to enquire the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief. https://hcservices.ecourts.gov.in/hcservices/

3.Heard the learned Additional Public Prosecutor. 4.Considering the rival submissions made on both sides, the petitioner has lodged a complaint before the second respondent on 16.03.2015, for which, C.S.R.No.27 of 2015 has been assigned. Since the counter petitioner viz., Sengottuvel again damaged the fencing put up by the petitioner's society, he lodged the complaint before the respondents on 14.08.2015. He has also produced acknowledgment card to that effect. Therefore, the second respondent is directed to conduct 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. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police Namakkal District, Namakkal.

2.The Sub-Inspector of Police Molasi Police station Tiruchengode Taluk Namakkal District.

3.The Public Prosecutor High Court, Chennai.

+1cc to M/S.Venkataswamy Babu, Advocate sr.16104 CRL.O.P.No.5639 of 2016 ad(CO) srg(17/03/2016) https://hcservices.ecourts.gov.in/hcservices/