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Madras High CourtCRL OP(MD)/4749/2021disposed of

Azhagu Muthusamy v. The Inspector Of Police

2021-06-14Honourable Mr Justice G.Ilangovan2 pages

CRL.O.P(MD).No.4749 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.06.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN CRL.O.P(MD).No.4749 of 2021 Azhagu Muthusamy ... Petitioner Vs.

The Inspector of Police, Seethaparpanallur Police Station, Tirunelveli.

Crime No.30 of 2020 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to file final report in Crime No.30 of 2020 within time frame as may be fixed by this Court.

For Petitioner : Mr.S.Venkatasubramaniyan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to file final report in Crime No.30 of 2020 within time frame as may be fixed by this Court.

2. The case of the prosecution is that the petitioner is working as the Current Manager at Sree Visalam Chitfunds Limited, Tirunelveli. The Company's Managing Director one Mr.A.R.Viswanathan and his family members have got agricultural properties which was inherited from the ancestor by way of Will and Patta was also issued. At that time, Uchimahali, M.Paramasivan, S.Ponkatha, S.Lakshmi, M.Subramanian belonging to the same family of Uchimahali were disturbing his peaceful possession and enjoyment of the suit property. Therefore, the Managing Director has filed a suit for declaration in O.S.No.130 of 2010 before the Principal District Munsif Court, Tirunelveli and on 10.08.2010, permanent injunction was granted in favour of the Managing Director.

After knowing about the order of the Court, the above said persons came to the land of the Managing Director and prevented them in fencing the property. Therefore, the Managing Director has filed a petition for police protection in E.A.No.784 of 2010 in E.P.No.209 of 2010 in O.S.No.130 of 2020 before the learned Principal District Munsif, Tirunelveli and the learned Judge directed the Inspector of Police, Alangulam to give police protection. Despite the orders of this Court, the respondent has not taken action against the said persons. Hence, the present petition has been filed.

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CRL.O.P(MD).No.4749 of 2021

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

4. The learned Additional Public Prosecutor would submit that the investigation was completed and the final report was filed before the learned Judicial Magistrate, Alangulam, Tirunelveli on (*)21.09.2019 and the same was not taken on file so far.

5. In view of the above submission, nothing survives for further consideration in this matter. Further, the learned Judicial Magistrate, Alangulam, Tirunelveli is directed to look into the matter as expeditiously as possible.

6. With this direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CSII) (*)Amended as per order of this court dated 25.06.2021 Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

ssb To:

(*) To be Substituted to the order already despatched on 24.06.2021 1.The Inspector of Police, Seethaparpanallur Police Station, Tirunelveli.

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

CRL.O.P(MD).No.4749 of 2021 14.06.2021 GS (24.06.2021) 2P 3C KB (05.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2