B. Muthu Venkataraman v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2018

CORAM

THE HON'BLE MR.JUSTICE P. RAJAMANICKAM Crl.O.P.(MD) No.1475 of 2018 B. Muthu Venkatraman ... Petitioner -Vs1. The Commissioner of Police, Thiruchirappalli City.

2.The Inspector of Police, Anti Land Grabbing Special Cell (ALGSC), Thiruchirappalli City.

... Respondents Prayer: This Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the second respondent police to register the complaint dated 30.09.2017 preferred by the petitioner for the offences punishable under Sections 420, 465, 468, 471 r/w. 120 B of IPC and to take action in accordance with law.

For Petitioner : Mr. R. Gandhi For Respondents : Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the second respondent to register a case, based upon the complaint given by the petitioner, dated 30.09.2017.

2. The learned counsel appearing for the petitioner has submitted that the petitioner's family is managing the Trust, by name Nandhavanam Trust and since the proposed accused tried to interfere in the said Trust administration, the petitioner has filed a suit in O.S.No.563 of 2012, on the file of the District Munsif, Trichy and also filed an application in I.A.No.387 of 2012 and got interim injunction. He further submitted that the proposed accused has created some forged patta and based on the said document, he has executed a leased deed, with a view to grab the petitioner's family property and hence, a https://hcservices.ecourts.gov.in/hcservices/

complainant has been lodged on 30.09.2017, but, so far, no action has been taken.

3. The learned Government Advocate (Crl. Side) appearing for the respondents has submitted that in spite of the fact that summons have been sent twice, the petitioner did not appear for enquiry and hence, the enquiry is still pending.

4. Considering the aforesaid submissions, the petitioner is directed to appear before the second respondent police on 12.2.2018 and on such appearance, the second respondent is directed to conduct an enquiry and if the enquiry reveals any cognizable offence, then, he has to register a case and proceed in accordance with law. In case, the petitioner failed to appear on that date, then, it is open to the second respondent to drop further proceedings.

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

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

1. The Commissioner of Police, Thiruchirappalli City.

2.The Inspector of Police, Anti Land Grabbing Special Cell (ALGSC), Thiruchirappalli City.

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

+ 1 cc TO Mr.R.Gandhi , Advocate in SR No. 45470 trp AE/JC/SAR2/13.03.2018/2P/5C Crl.O.P.(MD) No.1475 of 2018 31.01.2018 https://hcservices.ecourts.gov.in/hcservices/