Madras High CourtCRL OP(MD)/1406/2018disposed of

K. Eswari v. The Superintendent Of Police

2018-01-30Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1406 of 2018 K.Eswari ... Petitioner -vs1.The Superintendent of Police, Sivagangai District.

2.The State represented by The Inspector of Police, Palayanur Police Station, Manamadurai Taluk, Sivagangai District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the first respondent to instruct the second respondent to take necessary legal action of Register the case based on the complaint given by the petitioner on 18.01.2018, within the period specified by this Court.

For Petitioner : Mr.M.S.Sureshkumar 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 18.01.2018. 2.The learned counsel appearing for the petitioner has submitted that the proposed accused persons are not allowing the petitioner to enjoy her landed properties and they are trying to grab the petitioner's land by illegal methods and hence the petitioner has lodged a complaint before the second respondent on 18.01.2018, but, so far no action has been taken. 3.The learned Government Advocate (Crl.Side) has submitted that the enquiry is still pending.

4.Considering 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 https://hcservices.ecourts.gov.in/hcservices/

further in accordance with law. In case the enquiry reveals only a civil dispute, then, it is open to him, to direct the parties to approach Civil Court and get appropriate remedy. 5.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Palayanur Police Station, Manamadurai Taluk, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One cc to Mr.M.S.Suresh Kumar, Advocate, SR.No.44812 sss RL/5C/2P/SV/SAR2/9/2/2018 CRL.O.P.(MD)No.1406 of 2018 30.01.2018 https://hcservices.ecourts.gov.in/hcservices/