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Madras High CourtCRL OP(MD)/14317/2017closed

Rajalakshmi, v. The Superintendent Of Police,

2018-01-05Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.14317 of 2017 Rajalakshmi

...Petitioner

Vs.

1. State Represented by The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, Thathaingarpettai Police Station, Trichy District.

...Respondents

PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to register a case on the complaint of the petitioner dated 18.07.2017. For Petitioner :

Mr.A.Joel Paul Antony For Respondents :

Mr.K.Anbarasan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to register a case on the complaint of the petitioner dated 18.07.2017.

2.The learned counsel for the petitioner submitted that since the proposed accused encroached the petitioner's property, the petitioner has filed a suit before the Civil Court and got a decree for recovery of possession and filed an Execution Petition and possession also has been delivered to the petitioner and thereafter the proposed accused is trying to trespass into the petitioner's property and criminally intimidated and also assaulted the petitioner. Hence, she was forced to give a complaint before the second respondent, but the second respondent without making proper enquiry has closed the petitioner's complaint. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl.Side) appearing for the respondents submitted that after receipt of the complaint, both the

parties were called upon for an enquiry and both the parties have submitted their written statements agreeing to solve the dispute before the civil Court and accordingly, the complaint was closed and he has also filed a copy of the said proceedings. 4.Recording the aforesaid submission this petition is closed. It is open to the petitioner to seek remedy before the appropriate forum.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Thathaingarpettai Police Station, Trichy District.

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

mm MV:GT:SAR3:31/01/2018/2P/4C Crl.O.P.(MD) No.14317 of 2017 05.01.2018 https://hcservices.ecourts.gov.in/hcservices/