Madras High CourtCRL OP(MD)/1643/2018disposed of

Amron Ibrahim v. The Superintendent Of Police,

2018-02-23Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1643 of 2018 Amron Ibrahim ... Petitioner -Vs1. The Superintendent of Police, Madurai District.

2. The State rep. By the Inspector of Police, District Crime Branch, Madurai District .... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to give a direction to the 2nd respondent to register the F.I.R based on the complaint of the petitioner, dated 06.01.2018 in accordance with law.

For Petitioner : Mr.A.K.Manickam For Respondents 1 & 2 : Mr.A.P.G.Ohm Chairma Prabhu Govt. Advocate (Crl.Side) ***

O R D E R

This Criminal Original petition has been filed to direct the 2nd respondent to register the case, based on the complaint given by the petitioner, dated 06.01.2018.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 & 2.

3.The learned counsel for the petitioner has submitted that the petitioner is the owner of the property measuring to an extent of 96 cents situated in Sy.No.51/1 of Kalikappan 2nd bit village, Madurai North Taluk. He further submitted that the proposed accused namely Abdul Kadhar and 2 others have filed a suit in O.S.No.232 of 2010 on the file of the District Munsif Court, Madurai in respect of petitioner's property and when the said suit was pending, the proposed accused persons have filed two other suits against some other persons in respect of some other property. He further submitted that those suits in O.S.No.180 of 2011, filed before the Taluk District Munsif, Madurai and https://hcservices.ecourts.gov.in/hcservices/

O.S.No.298 of 2010, filed before the Sub-Court, Melur, Madurai, were referred to Lok Adalat and they were settled and in that settlement, the petitioner was participated. However, the petitioner's property was also included in the said settlement and an award has been obtained clandestinely with a view to defraud the petitioner. Hence, the petitioner has lodged a complaint before the second respondent on 06.01.2018, but sofar, no action has been taken.

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

5.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then, he has to register the case and proceed with the same in accordance with law.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, District Crime Branch, Madurai District.

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

+1cc to Mr.J.Anand Kumar, Advocate Sr.No.51097 VS VB/JC/SAR4/09/03/2018/2P/5C CRL.O.P.(MD)No.1643 of 2018 23.02.2018 https://hcservices.ecourts.gov.in/hcservices/