L.Deivendran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.7400 of 2016 L.Deivendran ... Petitioner -Vs1.The Superintendent of Police, Sivagangai District 2.The Inspector of Police, Nachiyapuram Police Station, Nachiyapuram Sivagangai District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to instruct the 2nd respondent to register the FIR, on the basis of the complaint lodged by the petitioner dated 07.04.2016.

For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the 1st respondent to instruct the 2nd respondent to register the FIR, on the basis of the complaint lodged by the petitioner dated 07.04.2016.

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 preferred by the petitioner is that he is the President of Thallakkavur Panchayat and in his panchayat, some of the families by using jet pumps has taken the water thereby obstructing the water flow of the other families. When the same was noticed and questioned by the petitioner herein, the Ward member of 6th ward/proposed accused and others threatened him.

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

5. 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. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District 2.The Inspector of Police, Nachiyapuram Police Station, Nachiyapuram Sivagangai District.

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

+1cc to M/s.G.Thiruvarutselvan, Advocate SR.No.27830 sm:PEK:13.06.2016:2P/5C Crl.O.P.(MD).No.7400 of 2016 03.06.2016 https://hcservices.ecourts.gov.in/hcservices/