Madras High CourtCRL OP(MD)/10465/2018disposed of

K.Velayudham v. The Commissioner Of Police

2018-06-27Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.10465 of 2018 1.K.Velayudham 2.K.Srinivasan ... Petitioners -vs- State Rep. by

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Anti Land Grabbing (Special Cell), Tirunelveli City.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to register a case on the complaint of the petitioners dated 28.03.2018.

For Petitioner : Mr.T.Selvan For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

ORDER

This petition has been filed praying to direct the second respondent to register a case based on the complaint given by the petitioners, dated 28.03.2018.

2.The learned counsel for the petitioners has submitted that the petitioners have lodged a complaint before the second respondent on 28.03.2018, but sofar, no action has been taken and hence, the petitioners have filed the present Criminal Original Petition.

3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that summons has been served to the petitioners for an enquiry, but the petitioners have not turned up for an enquiry.

https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel appearing for the petitioners would submit that the petitioners will co-operate for an enquiry. 5.The learned Additional Public Prosecutor further submitted that if the petitioners co-operate for an enquiry, the respondent police shall give an opportunity to the petitioners and thereafter, pass an orders on the petitioners representation. 6.In the light of the above submission made by the learned Additional Public Prosecutor and also recording the undertaking given by the petitioners that the petitioners will co-operate for the enquiry as and when required by the respondent police, the second respondent is directed to issue notice to the petitioners and proceed with the enquiry in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. If the enquiry reveals any cognizable offence is made out, then the respondent police is directed to register the case and if it is not, the second respondent police shall drop further proceedings.

7.With the above direction, this Criminal Original Petition is disposed of.

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

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Anti Land Grabbing (Special Cell), Tirunelveli City.

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

+1cc to Mr.T.Selvan, Advocate Sr.No.70214 AM VB/RSK/SAR4/09.07.2018/2P/5C CRL.O.P.(MD)No.10465 of 2018 27.06.2018 https://hcservices.ecourts.gov.in/hcservices/