Madras High CourtCRL OP(MD)/7528/2016disposed of

R.Kavitha v. The Sub Inspector Of Police

2016-06-07Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.7528 of 2016 R.Kavitha ... Petitioner -Vs1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Anti Land Grabbing Cell, Madurai District.

3. The Inspector of Police, Antiland Grabbing Cell Madurai City.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 3rd respondent to register a case /FIR on the complaint given by the petitioner dated 05.04.2016 and investigate into the case.

For Petitioner : Mr.M.Solaisamy For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the 3rd respondent to register a case /FIR on the complaint given by the petitioner dated 05.04.2016 and investigate into the case.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. It is the case of the petitioner that due to civil dispute, the accused persons trespased into the petitioner's property and by creating forged documents, create encumbrance over the properties belonging to the petitioner.

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4. According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the 3rd respondent.

5. In view of the above submission, the 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 (CS-II) /True Copy/ Sub Assistant Registrar (CS) To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Anti Land Grabbing Cell, Madurai District.

3.The Inspector of Police, Antiland Grabbing Cell Madurai City.

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

+1cc to M/s.M.Solaisamy, Advocate, Sr.No.29142 RR JM/ARK-PV/16.06.2016/2P-6C Crl.O.P.(MD).No.7528 of 2016 07.06.2016 https://hcservices.ecourts.gov.in/hcservices/