Madras High CourtCRL OP(MD)/19294/2014disposed of

N. Muthuvel v. The Superintendent Of Police

2016-06-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.19294 of 2014 N.Muthuvel .. Petitioner .Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Sub-Inspector of Police, Alanganallur Police Station, Alanganallur, Madurai District. .. Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the first respondent to give a suitable direction to the second respondent to register a case against the accused on the complaint of the petitioner dated 04.10.2014 within a stipulated time.

For Petitioner :Mr.S.Selvakumar For Respondent :Mr.K.V.Rajarajan, Govt. Advocate(Crl. Side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 04.10.2014.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The sum and substance of the complaint of the petitioner is that the first proposed accused, who is the brother of the petitioner, illegally sold the joint family property by creating forged documents. When it was questioned, the proposed accused abused him in filthy language and also threatened him with dire consequences. As no case was registered on the said complaint, he has come up with this petition.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl. Side) would submit that the matter is pending before the Mediation Centre.

5.At this juncture, the learned counsel for the petitioner would submit that as the mediation did not yield any result, the mediation proceedings has already been closed as unsettled. 6.In view of the above submission, the second respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the second respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC). In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law. 7.With the above direction, this Criminal Original Petition is disposed of.

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

2.The Sub-Inspector of Police, Alanganallur Police Station, Alanganallur, Madurai District.

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

Gcg JM/SK-SKN/04.07.2016/2P-4C Crl.O.P(MD)No.19294 of 2014 20.06.2016 https://hcservices.ecourts.gov.in/hcservices/