Madras High CourtCRL OP(MD)/6967/2016disposed of

Thangarasu Thevar v. The Superintendent Of Police

2016-06-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.6967 of 2016 Thangarasu Thevar ... Petitioner .Vs.

1.The Superintendent of Police, Pudukkottai.

2.Sub-Inspector of Police, Aranthangi Police Station, Pudukkottai District. ... Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to issue a direction, directing the first respondent to appoint some other competent investigating officer in the same police station other than the second respondent or any other office within his jurisdiction and to register the FIR on the basis of the petitioner's representation, dated 12.04.2016.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.A.P.Balasubramani Govt. Advocate(Crl. Side)

ORDER

This petition has been filed seeking a direction to the first respondent to appoint some other competent investigating officer in the same police station other than the second respondent or any other office within his jurisdiction and to register the FIR on the basis of the petitioner's representation, dated 12.04.2016. 2.The sum and substance of the complaint given by the petitioner is that the petitioner's son is the owner of certain properties and in the absence of the petitioner's son, the proposed accused persons and others entered into his property and had taken away the fencing stones and other materials. When it was questioned by him, the accused persons and others threatened him with dire consequences. Hence, a complaint came to be lodged before the respondents. However, since no action has been taken, this petition has been filed.

3. According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above submission, the 2nd respondent is directed to expedite the enquiry and complete the same within a period of one month

from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC).In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law.

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

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai.

2.Sub-Inspector of Police, Aranthangi Police Station, Pudukkottai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.K.Baalasundaram, Advocate in SR.No.27408 RR CSL/PEK/SAR-I/09.06.2016 :2P/5C Crl.O.P(MD)No.6967 of 2016 01.06.2016 https://hcservices.ecourts.gov.in/hcservices/