R.Vetriselvan v. The Superintendne Tof Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 20.06.2023

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.

28412 of 20 R.Vetriselvan ... Petitioner

Versus

1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Avalurpet Police Station, Villupuram District.

... Respondents PRAYER : Criminal Original petition filed under Section 482 Cr.P.C. praying to direct the 2 nd respondent police to register F.I.R. on the basis of the complaint given by the petitioner dated 30.10.2022 and C.S.R.No.952/2022 dated 31.10.2022 and investigate the matter in accordance with law. For Petitioner : Mr.R.Balaguruswamy For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

O R D E R

This petition has been filed seeking to direct the second respondent police to register F.I.R. on the basis of the complaint given by the petitioner dated 30.10.2022 and C.S.R.No.952 of 2022 dated 31.10.2022 and investigate the matter in accordance with law.

2. The petitioner lodged a complaint to the second respondent on 30.10.2022. Though C.S.R.No.952 of 2022 was assigned on 31.10.2022, thereafter no action has been taken by the respondent police. Hence, the petitioner filed the above petition.

3. The complaint of the petitioner is that his mother Shanthi informed that one Sakthivel using his Tractor had ploughed the land of the petitioner and the same was questioned by the petitioner's mother for which, she was abused and threatened with deadly weapon. Thereafter the petitioner's mother informed to the petitioner. The petitioner when visited his 2/4

land, it was found that the pathway has been completely removed and a counter complaint was also filed by the counter petitioner. Due to the act of the counter petitioner, the petitioner's mother was unable to carry on agricultural activities of the land.

4. Learned Additional Public Prosecutor submitted that on the complaint of the petitioner, both petitioner and one Murugan were called for enquiry. Both agreed that they will not disturb each other's land and their rights. Further, if at all there is any dispute, the same would be redressed by approaching the Civil Court and both had given a letter to this effect on 19.11.2022. Recording the same, C.S.R.No.986 of 2022 was closed. He has also submitted a C.D. file to that effect.

5. On the facts and circumstances it is seen that enquiry has been conducted, both the petitioner as well as counter petitioner had given an undertaking and the issue has been resolved between them. Now, CSR also closed.

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M.NIRMAL KUMAR , J.

rsi

6. In view of the same, nothing survives in this petition and the same is dismissed.

20.06.2023 Index : Yes / No Internet : Yes/No Speaking / Non-speaking order rsi To 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Avalurpet Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.

28412 of 20 4/4