Madras High CourtCRL OP(MD)/2062/2018disposed of

Tholkappiyan v. The Sub-Inspector Of Police

2018-02-09Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)Nos.2062 & 2063 of 2018 Tholkappiyan ... Petitioner in both petitions -vsThe Sub Inspector of Police, Aranthangi Police Station, Arnathangi, Pudukkottai District.

... Respondent in both petitions Prayer CRL.O.P.(MD)No.2062 of 2018: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Sub-Inspector of Police, Aranthangi Police Station, Pudukkottai District to register the case on the basis of the complaint received in C.S.R.No.25 of 2018, dated 07.01.2018. Prayer CRL.O.P.(MD)No.2063 of 2018: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Sub-Inspector of Police, Aranthangi Police Station, Pudukkottai District to register the case on the basis of the complaint received in C.S.R.No.28 of 2018, dated 08.01.2018. In both petitions:

For Petitioner : Mr.D.Ramesh kumar For Respondent : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

These Criminal Original Petitions have been filed by the petitioner, to direct the respondent to register a case, based on the complaint given by the petitioner, dated 07.01.2018 and https://hcservices.ecourts.gov.in/hcservices/

08.01.2018 respectively.

2.The learned counsel appearing for the petitioner has submitted that the proposed accused parties have trespassed into the petitioner's land and damaged the fencing stones as well as the asbestos-sheet on 06.01.2018 and hence, a complaint was lodged on 09.01.2018 and C.S.R.No.25 of 2018 also issued, but, thereafter, no action has been taken. He further submitted that on 08.01.2018, the same accused persons have trespassed again into the petitioner's land and caused damages and hence another complaint has lodged on 08.01.2018 and for that C.S.R.No.28 of 2018 was issued, but, so far, no action has been taken on the aforesaid complaints.

3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaints, an enquiry has been commenced and the enquiry is still pending.

4.Recording the aforesaid submissions, the respondent is directed to expedite the enquiry 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, these Criminal Original Petitions are disposed of.

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

1. The Sub Inspector of Police, Aranthangi Police Station, Arnathangi, Pudukkottai District.

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

+2cc to Mr.D.Ramesh Kumar, Advocate in SR.NO.47515,47514 sss MV:SKN-RSK:SAR2:01/03/2018/2P/5C CRL.O.P.(MD)Nos.2062 & 2063 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 09.02.2018