Madras High CourtCRL OP(MD)/14395/2015disposed of

Chinnagurusamy v. The Superintendent Of Police

2015-08-03Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.14395 of 2015 Chinnagurusamy ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Sankarankoil, Tirunelveli District.

3.The Inspector of Police, Sankarankoil Police Station, Sankarankoil, Tirunelveli District. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the third respondent to register a case on the basis of the petitioner's complaint, dated 12.06.2015. For Petitioner :Mr.M.Karthikeya Venkatachalapathi For Respondents :Mr.P.Kannithevan Govt. Advocate(Crl.Side)

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the third respondent to register a case on the basis of the petitioner's complaint, dated 12.06.2015. 2.The learned counsel for the petitioner submitted that the petitioner and the proposed accused are close relatives and there was a civil suit pending in O.S.No.25 of 2015 before the District Munsif Court, Sankarankoil, but suddenly on 12.06.2015 at 4.00 a.m., the proposed accused entered into the house of the petitioner and damaged the compound wall and hence, the petitioner has given a complaint to the third respondent, but they refused to receive the same and therefore, he has given a complaint before the higher officials, even then, no case was registered and hence, the petitioner has come forward with this petition for the above stated relief.

3.At this juncture, the learned Government Advocate (Crl. Side)on instructions submitted that based on the complaint given by the petitioner in Current Paper No.35901/2694/15, petition enquiry is going on.

4. Considering the rival submission made on both sides, the third respondent is directed to expedite the enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 https://hcservices.ecourts.gov.in/hcservices/

(SC) and register a case if any cognizable offence is made out. With the above direction, this Criminal Original Petition is disposed of.

Pm Sd/- Assistant Registrar (Per.Admn) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Deputy Superintendent of Police, Sankarankoil, Tirunelveli District. 3.The Inspector of Police, Sankarankoil Police Station, Sankarankoil, Tirunelveli District.

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

1CC to Mr.M.Karthikeya Venkitachalapathy,Advocate, SR.No.43303 Crl.O.P.(MD)No.14395 of 2015 03.08.2015 2P/6C AM/14.08.2015 https://hcservices.ecourts.gov.in/hcservices/