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Madras High CourtCRL OP/7222/2016dismissed

R. Dhandapani, v. State Rep. By The Inspector

2016-04-05Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7222 of 2016 R.Dhandapani

...Petitioner/Defacto

Complainant Vs.

State rep by the Inspector of Police, K-11, Koyambedu Police Station, Koyambedu, Chennai

...Respondent/Complainant

Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent to register a case in connection with above said complaint dated 07.02.2016. For Petitioner :Mr.L.Baskaran For Respondent :Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the respondent to register a case on the basis of the complaint given by him on 07.02.2016. 2.The learned counsel for the petitioner would submit that even though the petitioner has given a complaint on 07.02.2016 in CSR No.52 of 2016, the respondent has not shown any interest to enquire the matter and to register an FIR. Hence, the petitioner has come forward with this petition for the above stated relief.

3.At this juncture, the learned Additional Public Prosecutor submitted that enquiry has already been conducted and there is a civil dispute between the petitioner and the counter petitioner. He further submitted that two suits filed in O.S.Nos.2845 of 1999 and 3842 of 2015 are pending. After due enquiry, it was closed as civil in nature. A copy of the closure report has been furnished today.

https://hcservices.ecourts.gov.in/hcservices/

4.On perusal of the complaint, it reveals that in respect of land and pathway, there is a civil dispute between the petitioner and the counter petitioner and suits filed in O.S.Nos.2845 of 1999 and 3842 of 2015 are pending. Recording the submissions made by the learned Additional Public Prosecutor that the complaint has been closed as civil in nature, this Criminal Original Petition is dismissed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mps To 1.The Inspector of Police, K-11, Koyambedu Police Station, Koyambedu, Chennai 2.The Public Prosecutor, Madras High Court, Madras.

Crl.O.P.No.7222 of 2016 aa26/04/2016 https://hcservices.ecourts.gov.in/hcservices/