S.Arasu Prakash v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA S.Arasu Prakash ... Petitioner Vs.

1.The Commissioner of Police Greater Chennai.

Office of the Commissioner of Police Egmore, Chennai-600 006.

2.The Inspector of Police K-2 Ayyanavaram Police Station Kilpauk, Chennai.

3.S.Rani ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the respondent police to register the FIR based on the complaint given by the petitioner dated 21.10.2022. For Petitioner : Mr.R.Thiyagarajan For M/s.A.Vinupradha For Respondents : Mr.S.Santhosh for R1 & R2 Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed, seeking a direction to the respondent police to register the FIR based on the complaint given by the petitioner dated 21.10.2022.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 & 2.

3. The learned counsel for the petitioner submitted that the petitioner is the owner of the subject matter of the property and the 3rd respondent along with certain persons, who claimed to be the Advocates had trespassed into the petitioner's property and caused an anomalous situation; though the petitioner has given a complaint to the 2nd respondent police on 21.10.2022, so far no action has been taken.

4. The learned Government Advocate (Crl. Side) submitted that on the complaint given by the petitioner, a current paper enquiry has been initiated in CSR No.707 of 2022 and it had been closed as the matter is civil in nature and further, the parties have been directed to approach the civil 2/4

court for appropriate remedy.

5. However, the 2nd respondent is directed to furnish a copy of the closure report to the petitioner and on receipt of the same, the petitioner is at liberty either to accept the same 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, this Criminal Original Petition is disposed of.

02.12.2022 Index : Yes/No Speaking Order : Yes / No uma To 1.The Commissioner of Police Greater Chennai.

Office of the Commissioner of Police Egmore, Chennai-600 006.

2.The Inspector of Police K-2 Ayyanavaram Police Station Kilpauk, Chennai.

3.The Public Prosecutor High Court of Madras.

3/4

R.N.MANJULA.,J uma 02.12.2022 4/4