Madras High CourtCRL OP(MD)/2503/2018disposed of

Yegambaal v. The Superintendent Of Police

2018-03-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2503 of 2018 Yegambaal ... Petitioner -Vs1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Karambakkudi Police Station, Pudukottai District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police, to register the case in pursuant to the complaint given by the petitioner on 15.04.2017 and 28.07.2017.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent, to register the case based on the complaints given by the petitioner dated 15.04.2017 and 28.07.2017. 2.Heard Mr.R.Maheswaran, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the respondents. 3.The learned counsel appearing for the petitioner has submitted that the petitioner's parents gifted 33 cents of land to the petitioner. He further submitted that the said land was originally belongs to one Ramanathan chettiyar and the same was purchased by the petitioner's parents 30 years ago. But, the said Ramanathanchettiyar unreasonably delayed in registering the sale deed for over 30 years. He further submitted that the petitioner went to the said Ramanathanchettiyar's house on 14.04.

2017, to question the unreasonable delay of registering the sale deed. At that time, the said Ramanathanchettiyar and his family members assaulted the petitioner and also abused her and hence, the petitioner immediately admitted in the hospital. After taking treatment, she gave a complaint before the second respondent on https://hcservices.ecourts.gov.

15.04.2017, but sofar, no action has been taken on the said complaint. Therefore, the petitioner has sent another complaint on 28.07.2017, on that compliant also no action has been taken. 4.The learned Government Advocate (Crl.side) has submitted that after receipt of the complaint dated 15.04.2017, enquiry has been conducted and the same was closed on 28.04.2017, as it is a civil dispute. He further submitted that after closing of the said complaint, the petitioner has sent another complaint dated 28.07.2017, with regard to the same facts and the said complaint is still pending for enquiry.

5.Considering the aforesaid submissions, the second respondent is directed to enquire with regard to the complaint dated 28.07.2017, if the enquiry reveals any cognizable offence, then he has to register a case and proceed further in accordance with law. 6.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Karambakkudi Police Station, Pudukottai District.

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

Das RL/4C/2P/KK/SAR1/20/3/2018 .

CRL.O.P.(MD)No.2503 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 02.03.2018