Madras High CourtCRL OP(MD)/7614/2016disposed of

Athimoolam, S/O. Ammasi, v. The Superintendent 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.7614 of 2016 Athimoolam

...Petitioner

-Vs1.The Superintendent of Police, Sivagangai, Sivagangai District 2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

...Respondents

Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st and 2nd respondents register the FIR against the proposed accused on the basis of the petitioner's complaint dated 11.04.2016.

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

ORDER

This petition has been filed for a direction to the respondents to register the case on the basis of the petitioner's complaint dated 11.04.2016.

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 given by the petitioner is that the proposed accused persons have encroached the properties belong to the Temple. When the same was questioned by the petitioner herein, the proposed accused persons have threatened the petitioner with dire consequences. Therefore, the petitioner preferred a complaint. Since no action by the respondents herein, the present petition has been filed.

4. According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the 2nd respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

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(P&A) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Superintendent of Police, Sivagangai, Sivagangai District 2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

Crl.O.P.(MD).No.7614 of 2016 07.06.2016 RR.

PBK/KBM 27.06.2016 ::2P-4C:

https://hcservices.ecourts.gov.in/hcservices/