Madras High CourtCRL OP(MD)/3441/2018disposed of

Ayyanar, S/O.Selva Guru Nadar, v. The Inspector Of Police,

2018-03-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3441 of 2018 Ayyanar

...Petitioner

-VsThe State represented by The Inspector of Police, Watrap Police Station, Virudhungar District.

...Respondent

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent police to register a F.I.R., in the complaint of the petitioner dated 13.02.2018 and act in accordance with law.

For Petitioner : Mr.M.Jothi Basu For Respondent : Mr.Prabhu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent to register a case based on the complaint given by the petitioner dated 13.02.2018.

2.The learned counsel appearing for the petitioner has submitted that the petitioner is having an agricultural land in the Sethunarayanapuram Village, Watrap, Srivilliputhur Taluk, Virudhunagar District. He entered into a sale agreement with one Mahalakshmi to sell the said land for a sum of Rs.7,50,000/-. The said Mahalakshmi has filed a civil suit in O.S.No.130 of 2013 before the learned Principal District Munsif Court, Srivilliputhur for recovery of the amount. The said suit was decreed. As against the same, the petitioner has filed an appeal with delay condonation petition and the same is still pending. He further submitted that on 19.01.2018, the petitioner has cut teak wood trees, which were grown in his land.

But, the said Mahalakshmi has lodged a complaint before the Sub-Inspector of Police, Watrap Police Station and based on that, he has issued summons, directing the petitioner to appear for enquiry. He further submitted that the petitioner has sent a legal notice to the Superintendent Police and also Inspector of Police requesting to them not to https://hcservices.ecourts.gov.

interfere in the civil suit and that being so, on 12.02.2018, the said Mahalakshmi entered into the petitioner's land and removed the teak wood trees worth about Rs.2,50,000/- and hence, the petitioner has lodged a complaint on 13.02.2018, but sofar, no action has been taken.

3.The learned Government Advocate (Crl.side) has submitted that the said Mahalakshmi gave a complaint, against the petitioner herein and after receiving the complaint, enquiry has been conducted and CSR.No.38 of 2018 has been issued and it was closed on 28.01.2018 as the dispute is civil in nature. He further submitted that subsequently, the petitioner herein gave a complaint against the said Mahalakshmi before the Deputy Superintendent of Police, Srivilliputhur and the said complaint was enquired by the Deputy Superintendent of Police, Srivilliputhur and the same was also closed on 08.03.2018 as it was a false complaint.

4.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(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Watrap Police Station, Virudhungar District.

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

+1cc to M/s. G.M.Law Office, Sr.No.57110 DAS VB/KKR/SAR1/24.04.2018/2P/4C Crl.O.P.(MD) No.3441 of 2018 22.03.2018 https://hcservices.ecourts.gov.in/hcservices/