P.M.S.Latiff v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.762 of 2016 P.M.S.Latiff ... Petitioner Vs 1.The Commissioner of Police, Vepery, Chennai-7.

2.The Inspector of Police, N.3, Muthialpet Police Station, Chennai-1.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to register the complaint dated 12.6.2012 and to file the final report before the Court within stipulated time as fixed by this Court. For Petitioner :

Mr.M.Dharanidharan For respondents :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the first respondent to register the petitioner's complaint dated 12.6.2012 and to file the final report before the competent Court within the stipulated time as fixed by this Court.

2. It is the case of the petitioner that on 12.6.2012, he has lodged a complaint with the respondent police as against one Zabira on the allegation of land grabbing. Though the said complaint was given as early as in the year 2012, till date, no action was taken on the said complaint. Hence, the petition.

3. Learned Additional Public Prosecutor submitted that the said Zabira has given a complaint as against the petitioner and two others and the same was registered in Crime No.128 of 2014. In the said complaint, on completion of investigation, charge sheet was filed and the same was taken on file as C.C.No.160 of 2015 by the learned XVI Metropolitan Magistrate, https://hcservices.ecourts.gov.in/hcservices/

George Town, Chennai. The complaint given by the petitioner is a counter complaint. He has also submitted that the said complaint was sent to the Chief Minister's Cell by the petitioner and as on date, no complaint is pending before the respondent police.

4. In view of the said submission made by the learned Additional Public Prosecutor, I am of the opinion, this Court cannot give any direction to the respondent police to register the complaint given by the petitioner dated 12.6.2012. Hence, the criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in a manner known to law, if he so advised.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police, Vepery, Chennai-7.

2.The Inspector of Police, N.3, Muthialpet Police Station, Chennai-1.

3.The Public Prosecutor, High Court, Madras.

+2cc to Mr.M.Dharanidharan, Advocate, S.R.No.6060 Crl.O.P.No.762 of 2016 sv(CO) srg(10/02/2016) https://hcservices.ecourts.gov.in/hcservices/