Madras High CourtCRL OP(MD)/1178/2018disposed of

Sathya v. The Superintendent Of Police

2018-01-25Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.1178 of 2018 Sathya ... Petitioner/Aggrieved person Vs.

1. The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Athanakottai Police Station, Pudukkottai District.

3. The Sub-Inspector of Police, Athanakottai Police Station, Pudukkottai District.

... Respondents/Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent police to register the petitioner's complaint dated 08.12.2017 and 11.12.2017 as a F.I.R and further direct him to investigate into the matter and to file the final report within the stipulated period as prescribed by this Court.

For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.Prabu Ramachandran 1 to 3 Government Advocate (crl. Side)

ORDER

This Petition has been filed to direct the second respondent to register a case based on the complaint given by the petitioner dated 08.12.2017 and 11.12.2017.

2.The learned counsel for the petitioner has submitted that there was a dispute between the petitioner and the proposed accused with regard to one property and because of that dispute the proposed accused trespassing into the petitioner's land and caused damage to the sugar cane crops and hence the petitioner has https://hcservices.ecourts.gov.in/hcservices/

lodged a complaint on two dates (i.e.) 08.12.2017 and 11.12.2017, but so far no action has been taken.

3.The learned Government Advocate (Crl.Side) has submitted that the enquiry is still pending.

4.Recording the aforesaid submissions, the second respondent is directed to enquire the matter and if the enquiry reveals that any cognizable offence is made out, then he has to register the case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, then he has to direct the parties to get appropriate remedy in proper forum.

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

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Athanakottai Police Station, Pudukkottai District.

3. The Sub-Inspector of Police, Athanakottai Police Station, Pudukkottai District.

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

Gsp AE/RSK/SAR1/12.02.2018/2P/5C CRL.OP.(MD) No.1178 of 2018 25.01.2018 https://hcservices.ecourts.gov.in/hcservices/