K.Jayachandran v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.26023 OF 2021 K.Jayachandran

...Petitioner / Defacto Complainant

Versus

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.The Inspector of Police, P-2, Oteri Police Station, Chennai - 600 012.

...Respondents / Complainants

PRAYER : Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to direct the Respondent police to investigate the case and register a case as against the accused person based on the petitioner's complaint dated 18.12.2021.

For Petitioner :

Mr.K.Venkateswaran For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the Respondent police to investigate and register a case as against the accused person based on the petitioner's complaint dated 18.12.2021.

2.The grievance of the petitioner is that the petitioner is a tenant under one Loganathan. There is some tenancy dispute. The said Loganathan is attempting to forcibly evict him from the property and the petitioner is aged and pensioner person. In this regard, the petitioner lodged a complaint to the Commissioner of Police and marked the copy of the complaint to the respondent police but failed to take any action. In support of his contention, he enclosed the copy of the complaint and photographs of the premises. Further, the petitioner's apprehension is that he is being forcibly thrown away from there. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor appearing for the respondents submits that there is no complaint pending with them and the second respondent police issued CSR No.1056 of 2021. 4.The counsel for the petitioner, on instructions, submits that the petitioner is ready and willing to appear before the respondent police on any given date.

5.In view of the same, the petitioner is directed to appear before the respondent police on 10.01.2022 along with the necessary documents. Thereafter, the respondent police is directed to cause enquiry and if the landlord and tenant dispute is found, not to interfere with the civil dispute and allowing the petitioner as well as the landlord viz., Loganathan to approach the appropriate Forum for seeking their remedy. Other wise, the respondent police is directed to enquire and proceed with the matter in accordance with law preferably. 6.With the abovesaid directions, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar sms To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.The Inspector of Police, P-2, Oteri Police Station, Chennai - 600 012.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Venkateswaran, Advocate SR.No.198 CRL.O.P.No.26023 of 2021 GJ(CO) RVM(07/01/2022) https://hcservices.ecourts.gov.in/hcservices/