Madras High CourtCRL OP(MD)/8971/2018dismissed

S.Riyazdheen v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.8971 of 2018 S. Riyazdheen ... Petitioner -vs1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Thevathanapatti Police Station, Theni District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to register a case based on the complaint given by the petitioner on 13.01.2018 and to conduct fair and impartial investigation in accordance with law within the period stipulated by this Court. For Petitioner : Mr.R. Babu Jaganath For Respondents : Mr.Prabhu Ramachandran Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for issuing a direction to the 2nd respondent to register a case based on the complaint given by the petitioner dated 13.01.2018, within the period stipulated by this Court.

2. According to the petitioner that he has made a complaint against the proposed accused before the second respondent, but, the said complaint was not taken on file. Hence, the petitioner has filed the present Criminal Original Petition.

3. The learned Government Advocate (Crl. Side) appearing of the respondents on instructions would submit that the dispute among the petitioner and the his second wife's son is civil in nature and hence, the said complaint was closed.

3. Per contra, the learned counsel appearing for the petitioner submitted that the allegation against the proposed accused that they have been encroached upon the property of the petitioner.

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4. In view of the fact that the dispute is civil in nature, the petitioner shall work out his appropriate remedy before the civil Court.

5. With the above observation, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District.

2.The Inspector of Police, Thevathanapatti Police Station, Theni District.

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

+1cc to Mr.R. Babu Jaganath, Advocate, SR.No.67478. CRL.O.P.(MD)No.8971 of 2018 06.06.2018 trp RAM/SB/SAR 3/22.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/