Madras High CourtCRL OP(MD)/9072/2018dismissed

D.Chokkanathan, v. The Superintendent Of Police

2018-06-07Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.9072 of 2018 D.Chokkanathan .. Petitioner Vs.

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

2. The Inspector of Police, B-3, Theppakulam Police Station, Madurai District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code, directing the Inspector of Police, B-3, Theppakulam Police Station, Madurai District, to register the petitioner's complaint, dated 15.05.2018 as an F.I.R.

For Petitioner : Mr.R.Anand For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the Inspector of Police, B-3, Theppakulam Police Station, Madurai District/the second respondent herein, to register the petitioner's complaint, dated 15.05.2018 as an F.I.R. 2.According to the petitioner, he is a tenant under the proposed accused and due to dispute between them, R.C.O.P.No.192 of 2011, which was filed for eviction before the District Munsif Court, Madurai, is pending. In the meantime, the proposed accused forcibly tried to evict the petitioner from the shop with the help of Goondas. Hence, the petitioner preferred a complaint under Sections 294(b) and 506(ii) IPC. Though the respondents have acknowledged the same and assigned C.S.R.No.111/2018, no action has been taken on the petitioner's complaint. Hence, the petitioner has approached this Court with the present Criminal Original Petition. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Public Prosecutor submitted that

based on the complaint given by the petitioner, the enquiry was conducted and the parties were directed to approach the competent Civil Court to seek their remedy. However, the learned counsel appearing for the petitioner submitted that the petitioner was not called for enquiry.

4.It seems from the submissions of the parties that already R.C.O.P.No.192 of 2011, which was filed for eviction is pending before the District Munsif Court, Madurai and the petitioner is also having remedy to obtain an interim order from the concerned Court. 5.In the light of the above, no further adjudication is necessary in this Criminal Original Petition. Hence, this Criminal Original Petition is dismissed. It is open to the petitioner to work out his remedy before the competent Court, in the manner known to law, if he is so advised.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, B-3, Theppakulam Police Station, Madurai District.

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

SMN2 TE/SB/SAR-2 : 19/06/2018 : 2P/4C CRL.O.P.(MD) No.9072 of 2018 07.06.2018 https://hcservices.ecourts.gov.in/hcservices/