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Madras High CourtCRL OP(MD)/2378/2016closed

S.Senthilkumar v. The Superintendent Of Police

2016-02-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD) No.2378 of 2016 S.Senthilkumar ..Petitioner Vs

1. The Superintendent of Police, District SP Office, Tirunelveli Headquarters, Tirunelveli District.

2. The Inspector of Police, Valliyur Police Station, Valliyur, Tirunelveli District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to register the case on the complaint preferred by the petitioner dated 16.01.2016 within the stipulated time as fixed by this Court.

For Petitioner :Mr.D.Selvaraj For Respondent :Mr.K.V.Rajarajan Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the second respondent to register the case on the complaint preferred by the petitioner dated 16.01.2016 within the stipulated time as fixed by this Court.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondents.

3. On a reading of the complaint, it is seen that the complaint has been given by Senthilkumar, who is said to be a friend of Abdul Ajiz who is said to be abroad. It is the case of the petitioner that the vendor of the property is once again selling the property belonging to Abdul Ajiz to other person. Abdul Ajiz is not a complainant and the complaint has been sent through post. Under such circumstances, no positive direction can be issued to the respondent police to register the F.I.R. on the complaint of the petitioner dated 16.01.2016. Hence, this Criminal Original Petition is closed with liberty to Abdul Ajiz to go in person before the second respondent and lodge a complaint and on receipt of such complaint, the second respondent shall take action in accordance with law.

Sd/ Assistant Registrar (RTI) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To

1. The Superintendent of Police, District SP Office, Tirunelveli Headquarters, Tirunelveli District.

2. The Inspector of Police, Valliyur Police Station, Valliyur, Tirunelveli District.

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

+One CC to Mr. D.Selvaraj, Advocate in Sr. No.8234 CN/MPA/18.2.2016/5C-2P Crl.OP (MD)No.2378 of 2016 https://hcservices.ecourts.gov.in/hcservices/