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Madras High CourtCRL OP(MD)/4287/2016closed

G. Peter Robin, v. The Superintendent Of Police

2016-04-11Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4287 of 2016 G.Peter Robin ... Petitioner vs.

1.

The Superintendent of Police O/o.The Superintendent of Police Kanyakumari District 2.

The Inspector of Police Sucindram Police Station Kanyakumari District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the Respondent No.2 to register the case on the Petitioners complaint dated 20.02.2016 and proceed with the same as per law within the time frame.

For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.K.V.Rajarajan, Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the second respondent to register a case, based on his complaint, dated 20.02.2016, and proceed further in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. The petitioner, in his complaint, dated 20.02.2016, alleged that his brother Michael and one Edwin have blocked a canal and common pathway. When he questioned them, they seems to have abused him and thrown stones at him. The dispute between the petitioner and the opposite party is civil in nature and in order https://hcservices.ecourts.gov.in/hcservices/

to give a criminal colour to it, the petitioner has alleged that the opposite party thrown stones on him. Under such circumstances, no positive direction can be given to the respondent Police to register a case. Accordingly, this criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.

The Superintendent of Police, O/o.The Superintendent of Police, Kanyakumari District.

2.

The Inspector of Police, Sucindram Police Station, Kanyakumari District.

3.

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

+1cc to Mr.T.Lajapathi Roy, Advocate, Sr.No.20232 krk JM/GSV-PM/21.04.2016/2P-5C Crl.O.P.(MD) No.4287 of 2016 11.04.2016 https://hcservices.ecourts.gov.in/hcservices/