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Madras High CourtCRL OP/29934/2022dismissed

K.Srirangan v. State Rep By

2022-12-05Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN K.Srirangan ... Petitioner Vs.

1.State represented by The Superintendent of Police, Erode District.

2.The Deputy Superintendent of Police, Perundurai, Erode District.

3.The Inspector of Police, Perundurai Police Station, Erode District.

... Respondents PRAYER : This Criminal Original Petition is filed under Section 482 of Cr.P.C., directing the third respondent to register the FIR on the complaint of the petitioner dated 19.01.2022 and investigate the same in accordance with law.

For Petitioner : M/s.M.Vijaya Ragavan 1/4

For Respondents : Mr.S.Santhosh Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed to direct the third respondent to register the FIR on the complaint of the petitioner dated 19.01.2022 and investigate the same in accordance with law. 2.The learned Government Advocate (Criminal side) submitted that based on the complaint given by the petitioner, C.S.R.No.254 of 2022 was registered and enquired. Enquiry revealed that the dispute between the parties is civil in nature and enquiry in C.S.R.No.254 of 2022 is closed. 3.The submission of the learned counsel for the petitioner shows that there is a suit in O.S.No.552 of 2021 is pending between the petitioner and one Shanmugam. Shanmugam filed the suit seeking the relief of recovery of possession. Pending the suit, it is alleged that he is trying to forcibly vacate the petitioner. In that case, petitioner is advised to approach the Civil Court for appropriate relief. Therefore, there is no merits in this petition to register the First Information Report.

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4.In this view of the matter, this Criminal Original Petition is dismissed. 05.12.2022 Index:Yes/No Speaking/Non speaking order ep 3/4

G.CHANDRASEKHARAN.J., ep To 1.State represented by The Superintendent of Police, Erode District.

2.The Deputy Superintendent of Police, Perundurai, Erode District.

3.The Inspector of Police, Perundurai Police Station, Erode District.

4. The Public Prosecutor, High Court of Madras.

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