Adaikalasamy v. The Commissioner 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.7217 of 2016 I.Adaikalasamy .. Petitioner Vs.

1.The Commissioner of Police, Trichy District, Trichy.

2.The Inspector of Police, Ponmalai Police Station, Trichy District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to register a case on the complaint dated 17.04.2016 given by the petitioner. For Petitioner : Mr.K.Sivabalan For respondents : Mr.A.P.Balasubramani, Government Advocate(Criminal side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 17.04.2016.

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 proposed accused in respect of a landed property, on 13.04.2016 the proposed accused, along with his henchmen, illegally trespassed into the same and threatened the petitioner with dire consequences. As no case was registered in respect of the said complaint, the petitioner has come up with this petition. 4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 5.In view of the above submission, the second 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 second 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(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Trichy District, Trichy.

2.The Inspector of Police, Ponmalai Police Station, Trichy District.

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

+1cc to Mr.K.Sivabalan,Advocate Sr.No.27405 gcg AA/SK-SKN/SAR-II/10.06.2016/2p-5c Crl.O.P(MD)No.7217 of 2016 02.06.2016 https://hcservices.ecourts.gov.in/hcservices/