Madasamy v. The Superintend Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.16777 of 2017 Madasamy, S/o.Paranjothi .. Petitioner Vs.

1.State Rep. Through The Superintendent of Police, O/o.District Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondents to register a case based on the petitioner's complaint, dated 08.11.2017 and investigate the same in accordance with law.

For Petitioner :

Mr.R.Karunanidhi For Respondents :

Mr.K.Suyambulinga Bharathi Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents to register a case based on the petitioner's complaint, dated 08.11.2017 and investigate the same in accordance with law.

2.The learned Government Advocate (Criminal side) submitted that no complaint has been received by the second respondent police. However, a perusal of the complaint, which is enclosed in the typed set of papers shows that when the petitioner demanded rent from the proposed accused, they abused the petitioner in filthy language and denied to pay the same. Hence, in the light of the above, the dispute between the parties is with respect to demand of rent from the proposed accused, which is purely civil in nature. Therefore, the parties are at liberty to approach the Civil Court to redress their grievance. Insofar as the complaint made by the petitioner with regard to filthy language/unparliamentary words used by the proposed accused is concerned, the petitioner can make a fresh complaint to the second respondent police, if so advised. https://hcservices.ecourts.gov.in/hcservices/

3.In the light of the above, this Criminal Original Petition is disposed of with liberty to the petitioner to approach the appropriate forum to redress his grievance and to make a fresh complaint, if necessary.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o.District Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

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

+1cc to Mr.R.Karunanidhi, Advocate, SR.No.69862. CRL.O.P.(MD) No.16777 of 2017 26.06.2018 smn2 RAM/SKN RSK/SAR 4/09.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/