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Madras High CourtCRL OP/29238/2022disposed of

Maadhu v. The Superintendent Of Police

2022-11-29Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Mr.Maadhu ... Petitioner Vs.

1.The Superintendent of Police, Krishnagiri District.

2.The State Rep by its The Inspector of Police, Poichampallai Police Station.

... Respondents PRAYER : This Criminal Original Petition has been filed to direct the respondent to register an FIR on the petitioner's complaint dated 04.10.2021 and investigate the matter as against the accused as per law. For Petitioner : Mr.M.Loganathan For Respondents : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been preferred to direct the respondent to register an FIR on the petitioner's complaint dated 04.10.2021 and investigate the matter as against the accused as per law. 1/4

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

3. The learned counsel for the petitioner submitted that his family properties were not properly partitioned; however he has erected a tile house in the portion of his family property; in this regard, the petitioner has filed a petition in O.S.No.203 of 2021 for partition; when the suit was pending, the brother of the petitioner came along with his henchmen and trespassed into the house of the petitioner and ransacked the same; though the complaint has been given by the petitioner on 04.10.2021, no action has been taken so far.

4. The Government Advocate (Crl.Side) submitted that on the complaint given by the petitioner, current paper enquiry has been initiated in C.S.R.No.197 of 2021 and the same was closed on 05.10.2021 as civil in nature.

5. In such circumstances, the respondent is direct to furnish the closure report to the petitioner. If the petitioner is not satisfied with the closure report, he is at liberty to file appropriate proceedings under Section 156(3) or 200 Cr.P.C., before the appropriate forum.

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

Index: Yes/No 29.11.2022 Speaking / Non Speaking Order gsk To 1.The Superintendent of Police, Krishnagiri District.

2.The State Rep by its The Inspector of Police, Poichampallai Police Station.

3.The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J gsk 29.11.2022 4/4