Selvi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Selvi ...

Petitioner /vs/ 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Veppur Police Station, Cuddalore District.

...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the second respondent to register the complaint of the petitioner dated 14.10.2022 and investigate the same in accordance with law.

For Petitioner ... Mr.M.Velmurugan For Respondents ... Mr.S.Santhosh, Govt. Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register the complaint of the petitioner dated 14.10.2022 and investigate the same in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. The petitioner is the owner of the agricultural lands in S.Nos.255/5A and 256/2A, measuring total extent of 0-51.10 Ares situated in Kazhuthur Village, Thittakudi Taluk, Cuddalore District and he belongs to Scheduled Caste; Nagaraj, who is an adjacent land owner and who belongs to upper class, insisted the petitioner to sell away the property to him. Since the petitioner refused to sell the property to him, he is in the habit of harassing the petitioner in several ways. In fact on 11.10.2022 at about 2 p.m., the said Nagaraj with others trespassed into the petitioner's lands and destroyed the standing crops by using bulldozer and uprooted four coconut trees and committed mischief. When the petitioner rushed to the lands on hearing about the occurrence, the perpetrators abused her in filthy language

and threatened her. In this regard, she had given a complaint on 11.10.2022. Since the police to whom the complaint was given happened to be the relative of the accused and hence no action has been taken on the complaint given by her; instead, they conducted Katta Panchayath. Again the petitioner sent a complaint on 14.10.2022 through the Registered Post to the second respondent police and her complaint would reveal the cognizable offence committed by the accused. Since no action has been taken so far, she is before this Court.

4. The learned Government Advocate (Crl. Side) on instructions submitted that even the first complaint sent by the petitioner on 11.10.2022 is still pending and not yet closed. It is said to be pending and CSR Number was assigned in CSR No.264 of 2022.

5. Since the complaint has been given as early as on 11.10.2022, it is obligatory on the part of the second respondent police to complete the preliminary enquiry and do the needful in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above observations, this Criminal Original Petition is disposed.

02.11.2022 Index: Yes/No Internet: Yes/No gsk

To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Veppur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

R.N.MANJULA ,J.

gsk 02.11.2022