Madras High CourtCRL OP(MD)/1024/2018disposed of

K.M.Basheer Ahamed v. The Superintendent Of Police

2018-01-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1024 of 2018 K.M.Basheer Ahamed ... Petitioner -vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Sub-Inspector of Police, Karaiyur Police Station, Pudukkottai District.

... Respondents Prayer: Criminal Original petitions are filed under Section 482 of Criminal Procedure Code, to direct the respondents to register the case on the basis of the petitioner's representation dated 16.12.2017.

For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the second respondent to register a case, based upon the complaint given by the petitioner dated 16.12.2017. 2.The learned counsel appearing for the petitioner has submitted that already a civil suit is pending between the petitioner and the mother in law of the proposed accused and aggrieved by the same, the proposed accused on 14.12.2017, trespassed into the petitioner's house and criminally intimidated and also attempted to commit murder by using aruval, but fortunately, the petitioner escaped from the said attack and lodged a complaint before the second respondent on 16.12.2017, but so far no action has been taken.

3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint, C.S.R. has been issued and the enquiry is still pending.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any

cognizable offences, then he has to register a case and proceed further in accordance with law. In case, the enquiry reveals only a civil dispute then, he can direct the parties to approach the civil Court to get appropriate remedy.

5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Sub-Inspector of Police, Karaiyur Police Station, Pudukkottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.D.Rameshkumar, Advocate, SR.No. 43336 CRL.O.P.(MD)No.1024 of 2018 23.01.2018 sss AM/SV MMS/SAR 1/09.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/