Madras High CourtCRL OP(MD)/2588/2018disposed of

S.Padmanaban 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.2588 of 2018 S.Padmanaban ... Petitioner -Vs1. The Superintendent of Police, District S.P.Office, Tirunelveli District.

2. The Inspector of Police, Surandai Police Station, Surandai, Tirunelveli District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to register the case on the complaint preferred by the petitioner dated 18.01.2018.

For Petitioner : Mr.P.Karthick For Respondents : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent, to register the case based on the complaint given by the petitioner dated 18.01.2018.

2.Heard Mr.P.Karthick, 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 is the owner of the land situated in Survey No.324/6, at Kulayaneri Village. He further submitted that the accused person namely Muthukutty with an intention to grab the petitioner's property executed a settlement deed dated 30.09.2017, in favour of his sons by including the petitioner's property also and hence, the petitioner has lodged a complaint before the second respondent on 18.01.2018, but sofar, no action has been taken. 4.The learned Government Advocate (Crl.side) has submitted that on earlier occasion the petitioner has sent a complaint on 27.09.2017 and after receipt of the said complaint, CSR.No.304 of 2017 has been issued and after enquiry the said complaint was https://hcservices.ecourts.gov.in/hcservices/

closed on 27.09.2017, that it is a civil dispute. He further submitted that subsequently, the petitioner has sent another complaint dated 18.01.2018 and the same is pending for enquiry. 5.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry with regard to the complaint dated 18.01.2018, 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(CO) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, District S.P.Office, Tirunelveli District.

2. The Inspector of Police, Surandai Police Station, Surandai, Tirunelveli District.

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

DAS VB/SV/MMS/SAR4/14/03/2018/2P/4C CRL.O.P.(MD)No.2588 of 2018 02.03.2018 https://hcservices.ecourts.gov.in/hcservices/