Madras High CourtCRL OP(MD)/9596/2018dismissed

Shankar v. The Commissioner Of Police

2018-06-14Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD).No.9596 of 2018 Shankar .. Petitioner Vs.

1. The Commissioner of Police, Trichy District.

2. State rep. by, The Inspector of Police, Thathiengarpet Police Station, Trichy District. .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 2nd respondent to register the case on the basis of the complaint given by the petitioner dated 04.04.2018 and investigate the case in accordance with law. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.K.Suyambulingabharathi Government Advocate (Criminal side)

ORDER

This petition is filed seeking a direction to the 2nd respondent to register the case on the basis of the complaint given by the petitioner dated 04.04.2018

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the State.

3. The learned Government Advocate (Criminal side) appearing for the State on instructions would submit that during the enquiry, both parties have appeared before the second respondent police and gave a statement that a suit is pending in O.S.No.209 of 2017 on the file of the learned District Munsif, Musiri with regard to the property in dispute. He further submitted that both the parties have agreed to abide by the decision to be taken in O.S.No.209 of 2017. In view of the statement made by them, the complaint was closed.

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4. The learned counsel appearing for the petitioner disputed the above said submission and also seeks liberty to approach the appropriate forum to work out his remedy.

5. Recording the submission made by the learned Government Advocate (Criminal side), this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Trichy District.

2. The Inspector of Police, Thathiengarpet Police Station, Trichy District.

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

+1CC to Mr.S.Ramasamy Advocate in SR.No.68309. PJL DS/SV-MMS/SAR-4 :28.06.2018: 2P/5C Crl.O.P(MD)No.9596 of 2018 14.06.2018 https://hcservices.ecourts.gov.in/hcservices/