V.Mariyadas v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.7190 of 2016 V.Mariyadas .. Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Vallioor Range, Tirunelveli District.

3.The Inspector of Police, Pangudi Police Station, Tirunelveli District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents to register the case for the offences under Sections 147, 148, 327, 394, 403, 448, 453, 455 and 506(ii) IPC by considering the complaint dated 06.08.2013. For Petitioner : Mr.S.Siva Thilakar For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the respondents to register a case based on the complaint of the petitioner dated 06.08.2013.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The sum and substance of the complaint of the petitioner is that when a civil suit is pending between the petitioner and the accused in respect of a house property, the accused illegally trespassed into his house, attempted to kill his wife and son, and https://hcservices.ecourts.gov.in/hcservices/

took away all the belongings of the petitioner, including 60 gms of gold. Though the complaint was given as early as on 06.08.2013, as there was no case registered, the petitioner has come up with this petition.

4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the third respondent. 5.In view of the above submission, the third 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 third 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. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(P&A) /True copy/ Sub AssistantRegistrar To 1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Vallioor Range, Tirunelveli District.

3.The Inspector of Police, Pangudi Police Station, Tirunelveli District.

4.The Government Advocate (Crl. Side), Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.SivaThilakar, Advocate SR.No.27521 sm:ARK-PV:SAR III:10.06.2016:2P/6C Crl.O.P(MD)No.7190 of 2016 02.06.2016 https://hcservices.ecourts.gov.in/hcservices/