Madras High CourtCRL OP(MD)/3298/2018disposed of

Velammal v. The Superintendent Of Police

2018-03-21Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3298 of 2018 Velammal

...Petitioner

-Vs1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

3.The Inspector of Police, Oothumalai Police Station, Tirunelveli District.

4.V.Annamalai 5.S.Sathiya 6.K.Subbuthai 7.J.Murugan

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the third respondent to register a case against the respondents 4 to 7 and his on the basis of the petitioner's representation dated 15.12.2017. For Petitioner : Mr.M.Sheik Abdullah For RR 1 to 3 : Mr.Prabhu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the third respondent to register a case against the respondents 4 to 7, based on the complaint given by the petitioner dated 15.12.2017. 2.The learned counsel appearing for the petitioner has submitted that the proposed accused persons have cheated the petitioner and obtained a sale deed stating that the said documents are only mortgage deeds, but subsequently, the petitioner came to https://hcservices.ecourts.gov.in/hcservices/

know that the proposed accused persons have defrauded her, hence, the petitioner has field a Criminal Original Petition in Crl.OP.(MD) No.501 of 2018, before this Court and the same was disposed of on 11.01.2018, based on the submission made by the learned Government Advocate (Crl.sdie) that after enquiry, the petitioner's complaint was closed, as it is civil in nature. Further he submitted that thereafter, the petitioner herein has filed a civil suit in O.S.No. 62 of 2018 on the file of the Sub Court, Tenkasi and also filed an Interlocutory application, seeking interim injunction and that being so, again the respondents 4 to 7 are trespassed into the petitioner's property and criminally intimidated her and hence, the petitioner has lodged a complaint on 26.02.2018, but sofar, no action has been taken.

3.The learned Government Advocate (Crl.side) has submitted that complaint was received on 26.02.2018 and the same is still pending for enquiry.

4.Considering the aforesaid submissions, the third respondent is directed to expedite the enquiry with regard to the petitioner's complaint dated 26.02.2018, if the enquiry reveals any cognizable offence, then he has to register the case and proceed further in accordance with law.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District. 2.The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District. 3.The Inspector of Police, Oothumalai Police Station, Tirunelveli District.

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

Das RL/5C/2P/SV/MMS/SAR1/18/4/2018 Crl.O.P.(MD) No.3298 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 21.03.2018