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Madras High CourtCRL OP/28793/2022closed

Palaniyappan v. The Superintendent Of Police,

2022-11-23Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Palaniyappan ... Petitioner Vs.

1. The Superintendent of Police Salem District.

2. The Inspector of Police Ammapet Police Station Salem District.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent police to register the case based on the complaint of the petitioner dated 03.09.2022 vide CSR No.880 of 2022.

For Petitioner : Mr.S.Premakumari For Respondents : Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the 2nd respondent police to register the case based on the complaint of the petitioner dated 03.09.2022.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) appearing for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner had given a complaint on 03.09.2022 by alleging that one Gokulnath along with his friends named Baskar and Saravanan had unlawfully entered into the land of the petitioner and damaged the irrigation pipeline and Mango trees of the petitioner. The grievance of the petitioner is that so far no fruitful action has been taken.

4. The learned Government Advocate (Crl.Side) submitted that on the complaint given by the petitioner, current paper enquiry has been

initiated in CSR.No.880 of 2022 and after enquiry, the same was closed as "Mistake of Fact" on 22.11.2022.

5. Considering the same, the 2nd respondent police is directed to serve a notice about the closure report of the petition enquiry and on receipt of the same, the petitioner is at liberty either to accept the closure report or to file a protest petition or initiate appropriate proceedings under Section 156(3) or 200 Cr.P.C., in accordance with law.

6. With the above direction, the Criminal Original Petition is disposed of.

23.11.2022 Index: Yes/No Internet: Yes/No Speaking/Non speaking order uma

R.N.MANJULA ,J.

uma To

1. The Superintendent of Police Salem District.

2. The Inspector of Police Ammapet Police Station Salem District.

3.The Public Prosecutor, High Court, Madras.

23.11.2022