Madras High CourtCRL OP(MD)/2800/2018disposed of

M. Thamilvani, v. The Superintendent Of Police,

2018-03-09Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.2800 of 2018 M.Thamilvani ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

...Respondents

PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to register the case based on the petitioner's complaint dated 13.01.2018 in CSR No.22 of 2018.

For Petitioner : Mr.S.Pakalavan For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl. Side)

ORDER

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 13.01.2018.

2.The learned counsel for the petitioner has submitted that the proposed accused persons have trespassed into the petitioner's property and caused damage to the petitioner's boundary stones and also criminally intimated to him and hence, the petitioner has lodged a complaint before the second respondent on 13.01.2018, but so far, no action has been taken.

3.The learned Government Advocate (Crl.side) has submitted that after receipt of the complaint C.S.R.No.22 of 2018 has been issued and summon was sent to the petitioner. But, after receipt of the summon the petitioner did not appear and hence, the enquiry is still pending.

4.Considering the aforesaid submissions, the petitioner is directed to appear before the second respondent on 14.03.2018 and on such appearance the second respondent has to conduct enquiry and if https://hcservices.ecourts.gov.in/hcservices/

the enquiry reveals that any cognizable offence, then he has to register a case and proceed further in accordance with law. If the petitioner fails to appear on that date it is open to the second respondent to dispose of the complaint.

5.With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar To 11.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

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

4. M. THAMILVANI, S/O.AR.MUTHUKRISHNAN, 56/F, MIDDLE STREET, GOMATHIYAPURAM, MELUR TOWN, MADURAI DISTRICT.

CRL.OP.(MD) No.2800 of 2018 09.03.2018 cp MS/SKN-RSK/SAR-3/13.03.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/