Madras High CourtCRL OP(MD)/1224/2018disposed of

Subramanian 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 HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1224 of 2018 A.Subramanian ... Petitioner -vs1. The State represented by The Superintendent of Police, Office of the Superintendent of Police, Thanjavur.

2. The Sub Inspector of Police, Thogur Police Station, Thogur, Thanjavur District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to register a case on the basis of the complaint dated 28.10.2017 and proceed with the same as per law within the time frame fixed by this Court.

For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register a case, based upon the complaint given by the petitioner, dated 28.10.2017.

2.The learned counsel appearing for the petitioner has submitted that the petitioner and his father are the cultivating tenants in respect of the lands situated in S.F.Nos.323/2, 323/3 and 323/4 in Agarapettai village. He further submitted that the said lands have been sold to the petitioner's brother and based upon the said sale, the petitioner's brother try to dispose of the petitioner and his father from the aforesaid lands and hence the petitioner and his father have filed a suit in O.S.No.59 of 2015, on the file of the District Munsif Court, Thiruvaiyaru and the said suit is still pending and that being so, the petitioner's brother giving trouble to the petitioner and his father and hence https://hcservices.ecourts.gov.in/hcservices/

he lodged a complaint on 28.10.2017. 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 any cognizable offence, then he has to register a case and proceed further in accordance with law.

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur.

2. The Sub Inspector of Police, Thogur Police Station, Thogur, Thanjavur District.

3. The District Munsif Court, Thiruvaiyaru.

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

+1cc to Mr.S.Karthick Subramanian, Advocate Sr.No.44259 SSS VB/MR/SAR4/12.02.2018/2P/6C CRL.O.P.(MD)No.1224 of 2018 25.01.2018 https://hcservices.ecourts.gov.in/hcservices/