Madras High CourtCRL OP(MD)/4933/2016closed

R. Narasinga Perumal v. The Superintendent Of Police

2016-04-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD)No.4933 of 2016 R.Narasinga Perumal ..Petitioner Vs State represented by 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul. 2.The Sub-Inspector of Police, Eriyode Police Station, Eriyode.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register a case on the complaint of the petitioner dated 27.02.2016. For Petitioner :Mr.A.Anandan For Respondents :Mr.A.P.Balasubramani Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the respondents to register a case on the complaint of the petitioner dated 27.02.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the State.

3. It is seen that the petitioner has given a complaint dated 27.02.2016 to the District Collector, in which it is seen that there is a dispute between this petitioner and his neghbour with regard to the enjoyment of a common pathway in connection with a suit in O.S.No.39 of 2014 is pending, Despite which it is alleged that the opposite parties are using the pathway and are threatening the petitioner. On a reading of the complaint dated 28.12.2015, the dispute is essentially appears to be a civil dispute between the petitioner and the opposite parties. That apart, the said complaint has been given to the District Collector, who is not an Authority under Section 154 Cr.P.C. Hence, no positive direction can be given to the respondent police to register the F.I.R. on the complaint of the petitioner dated 28.12.2015.

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4. The learned Government Advocate (Crl.Side) submitted that on the subsequent complaint given by this petitioner, a case in Cr.No.121 of 2016 has been registered on 21.03.2016 against the opposite parties and on the complaint given by the opposite parties, a case in Cr.No.120 of 2016 has been registered against this petitioner. In view of the above developments, recording the same, this Criminal Original Petition is closed with liberty to the petitioner to workout his remedy in the manner known to law. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul. 2.The Sub-Inspector of Police, Eriyode Police Station, Eriyode.

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

+one cc to Mr.A.Anadan, Advocate in SR.No.20563 SSL CSL/GSV-PM/28.04.2016 : 2P/5C Crl.OP(MD)No.4933 of 2016 12.04.2016 https://hcservices.ecourts.gov.in/hcservices/