Madras High CourtCRL OP(MD)/2736/2018disposed of

Dhanalakshmi, v. The Superintendent Of Police,

2018-03-08Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2736 of 2018 Dhanalakshmi ... Petitioner -Vs1.The Superintendent of Police, Tiruchirappalli District, Tiruvhirappalli.

2.The Inspector of Police, Kallakudi Police Station, Tiruchirappalli District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to register a case on the complaint dated 05.09.2017 given by the petitioner. For Petitioner : Mr.T.M.Madasamy 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 a case based on the complaint given by the petitioner dated 05.09.2017.

2. Heard Mr.T.M.Madasamy, learned counsel appearing for the petitioner and Mr.Prabhu Ramachandran, learned Government Advocate (Crl.side) appearing for the respondents.

3.The learned counsel appearing for the petitioner has submitted that the petitioner has installed CCTV Camera in and around his land and he has also dug a bore well in the land and taking water by using solar power. He further submitted that the proposed accused namely, Vetriselvan has planted the prohibited Kanja crop in his land and the same was recorded in the CCTV Camera and the said fact was informed to the police and the police after investigation, destroyed the said crop and to take vengeance, the said Vetriselvan damaged the petitioner's CCTV Camera and Solar Power Panel. He further submitted that the petitioner has already filed a civil suit in O.S.No.409 of 2017, on the file of the learned Sub-court Tiruchirappalli and also obtained an interim injunction and only, thereafter, the said Vetriselvan has caused aforesaid https://hcservices.ecourts.gov.in/hcservices/

damage and thereafter, the petitioner has lodged a complaint on 05.09.2017, before the second respondent, but sofar, no action has been taken.

4.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint, enquiry has been conducted and the same was closed, as the dispute is civil in nature. 5.Recording the aforesaid submissions, this Criminal Original Petition is disposed of. It is open to the petitioner to avail any other remedy, which is available under the law. Sd/ Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tiruchirappalli District, Tiruvhirappalli.

2.The Inspector of Police, Kallakudi Police Station, Tiruchirappalli District.

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

+1cc to Mr.T.M.Madasamy, Advocate, SR.No.54616 CRL.O.P.(MD)No. 2736 of 2018 08.03.2018 DAS KK/SKN RSK/05.04.2018/SAR-4/2P-5C https://hcservices.ecourts.gov.in/hcservices/