Madras High CourtCRL OP(MD)/15161/2017dismissed

P. Elayaperumal v. The Superintendent Of Police

2018-06-18Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.15161 of 2017 P.Elayaperumal : Petitioner Vs.

1. The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3.The Inspector of Police, Avudayarkoil Police Station, Pudukkottai District.

4.The Sub-Inspector of Police, Karur Police Station, Pudukkottai District.

: Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying for a direction to register the complaint dated 15.10.2017 and lodge FIR against the accused persons mentioned in the complaint pending on the file of the Sub-Inspector of Police, Karur Police Station, Pudukkottai District and consequently directing change of investigating agency and investigate in accordance with law.

For Petitioner : Mrs.Rajeshwari for M/s.S.M.S.Johnny Basha For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Criminal Side)

O R D E R

This petition is filed seeking a direction to the 4th respondent to register the FIR based on the petitioner's complaint dated 15.10.2017 and consequently to change the investigating agency.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State.

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3. According to the petitioner, the petitioner made a complaint to the respondent police against the proposed accused on 15.10.2017. But no action has been taken on the said complaint. Hence, the present petition has been filed before this Court.

4. The learned Government Advocate (Criminal side) on instructions, would submit that during the enquiry, it was informed that as per the direction of the Block Development Officer, the proposed accused demolished the bridge, which connected the petitioner's colony to the village, for the reason that due to the stagnant of water, the bridge was in the damaged condition. Hence, the proposed accused removed the damaged bridge and cleared the stagnant water and subsequently, they built the bridge and pubic are using the said bridge. Therefore, the complaint preferred by the petitioner was closed.

5. By recording the submission made by the learned Government Advocate (Criminal side), the Criminal Original Petition is dismissed. However, it is open to the petitioner to approach the concerned Magistrate Court, if necessary, to work out his remedy in the manner known to law.

Sd/ Assistant Registrar(W) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3. The Inspector of Police, Avudayarkoil Police Station, Pudukkottai District.

4. The Sub-Inspector of Police, Karur Police Station, Pudukkottai District.

+1cc to Mr.S.M.S.JOHNNY BASHA, Advocate, SR.No.68558 CRL.O.P.(MD)No.15161 of 2017 18.06.2018 PJL KK/SB/SAR-2/06.07.2018/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/