Madras High CourtCRL OP(MD)/4604/2016closed

S.Murugan v. The Director General Of

2016-04-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4604 of 2016 S.Murugan ... Petitioner vs.

1.The Director General of Police Adyar, Chennai 2.The Deputy Inspector General of Police Tirunelveli 3.The Superintendent of Police Tirunelveli District 4.The Deputy Superintendent of Police Alangulam, Tirunelveli District 5.The Inspector of Police Pavoorchatram Police Pavoorchatram, Tirunelveli District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the respondents to register the FIR against the proposed accused on the basis of the petitioner's complaint, dated 12.11.2015.

For Petitioner : Mr.A.Selvakumar For Respondents : Mrs.S.Prabha, G.A.(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 respondents to register a case, based on his complaint, dated 12.11.2015.

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

3. On reading of the complaint, dated 12.11.2015, it is seen that the accused is none other than the mother and brothers of the petitioners and the dispute arose between them is civil in nature https://hcservices.ecourts.gov.in/hcservices/

with regard to partitioning of family properties, in connection with which a suit in O.S.No.544 of 2010 is pending on the file of the learned District Munsif, Tenkasi. Whileso, the petitioner has alleged that he was relieved of Rs.55,000/- by the respondent Police on the promise of getting him possession of the property. Further, it is seen that in respect of the incident took place during 2014, the petitioner has lodged the present complaint.

4. Taking into consideration the above facts and the nature of allegations, this Court is of the view that no positive direction can be given to the respondent Police to register a case based on the petitioner's complaint, dated 12.11.2015. 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( ) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To 1.The Director General of Police, Adyar, Chennai. 2.The Deputy Inspector General of Police, Tirunelveli. 3.The Superintendent of Police, Tirunelveli District. 4.The Deputy Superintendent of Police, Alangulam, Tirunelveli District.

5.The Inspector of Police, Pavoorchatram Police, Pavoorchatram, Tirunelveli District. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.A.Selvakumar,Advocate SR No.24377 RG.JGB-SS/ 10.05.2016 2P.8C Crl.O.P.(MD) No.4604 of 2016 25.04.2016 https://hcservices.ecourts.gov.in/hcservices/