Madras High CourtCRL OP(MD)/2975/2018disposed of

A. Sivalingam v. The Superintendent Of Police

2018-03-13Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.2975 of 2018 A.Sivalingam ... Petitioner -Vs1.The Superintendent of Police, Madurai District, Madurai.

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

3.Udhayakumar 4.Rajeshwari 5.Dhanam ... Respondents Prayer:Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to register the case against the respondents 3 to 5 based upon complaint lodged by the petitioner dated 08.01.2018.

For Petitioner : S.Sivaprakash For Respondents : Mr.Prabu Ramachandran Government Advocate (for R1 & R2)

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 08.01.2018.

2.The learned counsel for the petitioner has submitted that in respect of the property, which is situated at Urappanoor Village, Thirumangalam Taluk, Madurai District, the petitioner has filed a suit for partition in O.S.No.496 of 2010 on the file of the SubCourt, Thirumangalam and the same is still pending. He further submitted that the fact remains so, on 27.12.2017 the proposed https://hcservices.ecourts.gov.in/hcservices/

accused persons trespassed into the aforesaid property and cut trees worth about Rs.30,000/- and hence, the petitioner has lodged a complaint on 08.01.2018, but sofar, no action has been taken. 3.The learned Government Advocate(Crl.side) has submitted that after receipt of the complaint, investigation has been conducted and the same was closed on 23.02.2018 as the dispute is civil in nature.

4.Recording the aforesaid submission, this petition is disposed of. It is open to the petitioner to avail any other remedy which is available under the law.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar rmk To 1.The Superintendent of Police, Madurai District, Madurai.

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

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

+1 CC TO Mr. S.Siva Prakash , Advocate, Sr.No. 55018 JAM/27/03/2018/ CM-VR / SAR 1/ 2p-5c Crl.O.P.(MD) No.2975 of 2018 13.03.2018 https://hcservices.ecourts.gov.in/hcservices/