Madras High CourtCRL OP/32337/2022dismissed

S.Ponrathi v. State Rep.By

2023-01-03Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN S.Ponrathi ... Petitioner Vs.

The State Rep by The Inspector of Police (Crime), Madipakkam Police Station, Chennai.

... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to conduct enquiry and register the FIR based on the petitioner complaint dated 13.07.2022.

For Petitioner : Mr.K.Karthik For Respondent : Mr.S.Santhosh, Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondent to register the case based on the petitioner's complaint dated 13.07.2022.

2. The learned counsel appearing for the petitioner submitted that the petitioner purchased the property No.2/6, Kasthuri Bai Street, Keelkattalai, Madipakkam on 30.04.2022 from one Dinesh, who is the Power Agent. At that time of purchasing the property, the said Dinesh was residing in the property. After the possession was handed over to the petitioner, one Eashwaran, Alagar, Muthupandi and Arivazhagan had grabbed the property by forging and fabricating the lease agreement. After they entered into the lease agreement, they are not vacating the premises. Therefore, the petitioner gave a complaint against the aforesaid persons. However, till date, no FIR has been registered. Hence, the present petition has been filed.

3. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that after receipt of a complaint dated 13.07.2022, the respondent has conducted enquiry in CSR No.405 of 2022 and the same has been closed as civil in nature.

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4. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent.

5. From the submissions made by the learned counsel for the petitioner, it appears that the issue between both the parties is landlord tenant dispute. In civil dispute, seeking direction for registration of FIR is not appropriate. Therefore, the prayer sought by the petitioner cannot be entertained.

6. Accordingly, this Criminal Original Petition stands dismissed. 03.01.2023 shk 3/4

G.CHANDRASEKHARAN ,J.

shk To 1.The Inspector of Police (Crime), Madipakkam Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

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