Madras High CourtCRL OP(MD)/7492/2016disposed of

A.Jeyaseelan v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.7492 of 2016 A.Jeyaseelan ... Petitioner -vs1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

3. The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

... Respondents (R3 is suo motu impleaded by this Court on 06.06.2016) Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent herein to register a case based on the complaint dated 21.04.2016 preferred by the petitioner and to file a final report within the time that may be stipulated by this Honble Court.

For Petitioner : Mr.M.Maharaja For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the 2nd respondent herein to register a case based on the complaint dated 21.04.2016 preferred by the petitioner and to file a final report

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that the complaint of the petitioner has been transferred to the file of the Inspector of Police, Kodaikanal Police Station, in which, petition enquiry is pending. Therefore, the Inspector of Police, Kodaikanal Police Station is suo motu added as the third respondent to this petition.

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3. The allegation in the complaint is that the proposed accused persons, in connivance with the revenue officials, have created bogus documents in respect of the property belonging to the petitioner's ancestors and forcibly entered into the land and also threatened the petitioner with dire consequence to vacate the land in question. In this regard, the petitioner preferred a complaint with the respondents on 21.04.2016 and since there was no response on his complaint, the petitioner is before this Court seeking the above relief.

4. In view of the submission made by the learned Government Advocate (Crl.Side) that petition enquiry is pending in this case, the impleaded 3rd 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 (Crl.Side) /True Copy/ Sub Assistant Registrar (CS) To:

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

3. The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

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

+1cc to Mr.M.Maharaja, Advocate, Sr.No.28251 ar JM/KBM/29.06.2016/2P-6C Crl.O.P.(MD)No.7492 of 2016 06.06.2016 https://hcservices.ecourts.gov.in/hcservices/