Madras High CourtCRL OP(MD)/1188/2018disposed of

Abdul Majeeth 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.1188 of 2018 Abdul Majeeth ... Petitioner Vs.

1.The Superintendant of Police, Pudukkottai District.

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

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to register a case on the basis of the petitioner's complaint dated 08.12.2017 on the file of the respondents.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.Prabu Ramachandran Government Advocate (crl. Side) for R.1and R.2

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.

2.The learned counsel for the petitioner has submitted that since the brother of the petitioner has caused disturbance to the petitioner in respect of running Gas Agency, the petitioner has filed a suit in O.S.No.286 of 2014, on the file of the Subordinate Court, Pudukkottai. He further submitted that the company officials of the gas agency has instructed to renovate and extend the godown premises and directed to make some alteration in the premises and accordingly the petitioner tried to make some alteration to suit his gas agency business and at that time, the proposed accused and his sons trespassed into the petitioner's premises and criminally intimidated by using filthy language and also threatened that he will set fire to the gas godown and hence https://hcservices.ecourts.gov.in/hcservices/

the petitioner has lodged a complaint before the second respondent on 08.12.2017, but so far no action has been taken. 3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint, summons were served on the petitioner and also the opposite party but, they did not appear before the second respondent and hence the complaint is still pending.

4.Recording the aforesaid submissions, the petitioner is directed to appear before the second respondent on 01.02.2018 on such appearance the second respondent has 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.

5.In case, if the petitioner is not appeared before the second respondent for enquiry, on that time, then it is open to the second respondent to drop further proceedings. 6.With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Pudukkottai District.

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

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

CRL.OP.(MD) No.1188 of 2018 25.01.2018 gsp MS/PM-PN/SAR.3/31.01.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/