Vn Ashok Kumar v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.10.2023 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN VN.Ashok Kumar ... Petitioner -vs1.The Deputy Superintendent of Police, Office of the District Superintendent of Police, Krishnagiri District, Krishnagiri - 635 115.
2.The Inspector of Police/Station House Officer, Mathigiri Police Station, Hosur.
...Respondents
PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to register the FIR against the accused in the view of the order passed by the Judicial Magistrate No.II Court, Hosur in Criminal M.P. No.3731 of 2023 dated 14.09.2023.
For Petitioner : Mr.K.Bijai Sundar For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
ORDER
The petition filed to direct the respondents to register FIR against the accused persons in view of the order passed by the learned Judicial Magistrate, Page No.1/4
Hosur in CMP No.3731 of 2023 dated 14.09.2023. From the records, this Court finds that the petitioner herein has filed a petition under Section 156(3) of Cr.P.C before the learned Judicial Magistrate No.II, Hosur seeking a direction to the Inspector of Police, Mathigiri Police Station to register the complaint dated 05.04.2023. After considering the contend of the petitioner, the trial Court has passed the following order:
'In light of the above discussions, the facts and circumstances of the case and upon consideration of the documents appended with the petition, this Court directs the Inspector of Police, Mathigiri Police Station, Hosur to forthwith ACKNOWLEDGE the receipt of the complaint dated 05.04.2023 of the petitioner and CONDUCT A PRELIMINARY INQUIRY into the said complaint within 15(Fifteen) days from the date of receipt of the copy of this order in accordance within the decision of Hon'ble Supreme Court in Lalitha Kumari vs. Government Of Uttar Pradesh and others (2013 MLJ CRL 4 579) to ascertain whether cognizable offences are made out in the complaint of the petitioner. If the information given by the petitioner in his complaint discloses commission of cognizable offences, First Information Report shall be registered and proper investigation shall be conducted. If no cognizable offences are made out warranting registration of first Information Report, the same shall be duly intimated to the petitioner'.
Alleging that the Inspector of Police has not registered the FIR, the present petition is filed.
2. The learned Government Advocate (Crl.Side) submits that after receipt of the order passed by the learned Judicial Magistrate No.II, Hosur, the parties were summoned and enquiry conducted. From the enquiry, fact that the decree in O.S. No.202 of 2016 passed in favour of the petitioner, but the persons in occupation of the land had submitted that it is not pertaining to the land in Page No.2/4
which they are occupying. The police has thought that it is a civil dispute and parties has to work out their remedy before the Civil Court and also recording that the parties have refused to give statement, decided to close the petition and reported to the Court.
3. The learned counsel appearing for the petitioner, submits that till date, they have not received any communication from the respondent police about the conclusion of the enquiry on their complaint.
4. The respondent police is directed to intimate the petitioner herein about the conclusion of the investigation and a copy shall also be sent to the learned Judicial Magistrate No.II, Hosur who has ordered enquiry on the complaint given by the petitioner. Accordingly, this Criminal Original Petition is disposed of.
30.10.2023 Index : Yes/No rkp To 1.The Deputy Superintendent of Police, Office of the District Superintendent of Police, Krishnagiri District, Krishnagiri - 635 115.
2.The Inspector of Police/Station House Officer, Mathigiri Police Station, Hosur.
3.The Public Prosecutor, Madras High Court, Madras.
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Dr.G.JAYACHANDRAN, J.
rkp 30.10.2023 Page No.4/4