Madras High CourtCRL OP(MD)/782/2018disposed of

G. Nakkeeran, v. The Superintendent Of Police,

2018-01-18Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2018

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.782 of 2018 G.Nakkeeran ... Petitioner -Vs1.The Superintendent of Police, Thiruchirapalli District, Subramaniyapuram, Thiruchirapalli - 620 020 2.The Deputy Superintendent of Police, Musiri - 621 211, Thiruchirapalli District.

3.The Inspector of Police, Musiri Police Station, Musiri - 621 211, Thiruchirapalli District.

... Respondents Prayer: This Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondents herein to conduct enquiry based on the complaint dated 01.12.2016 and 01.01.2017, file report within a stipulated time. For Petitioner : Mr.G. Nakkeeran (party in person) For RR1 to 3 : Mr.Prabhu Ramachandran Government Advocate (Crl. Side)

ORDER

This petition has been filed to direct the respondents to conduct an enquiry, based on the complaint given by the petitioner, dated 01.12.2016 and 01.01.2017.

2. The petitioner, party in person, has submitted that his father has filed a suit in O.S.No.380 of 1996, on the file of District Munsif, Musiri, against 33 defendants and also filed an application in I.A.No.392 of 2011 to restrain the defendants from alienating the "C" schedule property. He further submitted that the learned District Munsif, Musiri, has granted interim injunction against one of the defendants viz., Murali on 04.08.2011. Without obeying the said order, the said Murali has sold the property to some third parties. He further submitted that against the said order passed in I.A.No.392 of 2011, the said Murali and others have https://hcservices.ecourts.gov.in/hcservices/

filed an appeal in C.M.A.No.29 of 2011, before the Principal Subordinate Judge, Thiruchirapalli and during the pendancy of the said Civil Miscellaneous Appeal, the other appellants have stated before the Court that the said Murali died, but, actually, the said Murali is alive and he is absconding and hence, the petitioner gave a complaint before the second respondent, but, so far, no action has been taken.

3. The learned Government Advocate (Crl. Side) appearing for the respondents, on instructions, submitted that the enquiry is still pending.

4. Considering the aforesaid submissions, the third respondent is directed to enquire the matter and if the enquiry reveals any cognizable offence, he has to register the case and proceed in accordance with law.

5. With the above observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thiruchirapalli District, Subramaniyapuram, Thiruchirapalli - 620 020 2.The Deputy Superintendent of Police, Musiri - 621 211 Thiruchirapalli District.

3.The Inspector of Police, Musiri Police Station, Musiri - 621 211, Thiruchirapalli District.

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

+ 3 CC TO Mr.G.NAKKEERAN, PARTY IN PERSON, IN SR No. 42684 TRP TE/JC/SAR-3 : 06/02/2018 : 2P/8C Crl.O.P.(MD) No.782 of 2018 18.01.2018 https://hcservices.ecourts.gov.in/hcservices/