Madras High CourtCRL OP(MD)/7631/2016disposed of

S.Pachamuthu 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 HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.7631 of 2016 S.Pachamuthu

...Petitioner

-vs1. The Superintendent of Police, Pudukkottai, Pudukkottai District.

2. The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register an FIR on the basis of the complaint of the petitioner dated 20.04.2016. For Petitioner : Mr.K.Baalasundharam 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 to register an FIR on the basis of the complaint of the petitioner dated 20.04.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending.

3. The sum and substance of the complaint is that the proposed accused persons entered into the property in question with JCB machine and after cleaning the area, attempted to fence the property. When it was questioned by the petitioner stating that a Civil Suit is pending in respect of the property, the proposed accused persons threatened the petitioner with dire consequences and scolded him in abusive language. Since no action was taken on the complaint lodged by the petitioner before the respondents, 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 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 https://hcservices.ecourts.gov.in/hcservices/

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, Pudukkottai, Pudukkottai District.

2. The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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

+1cc to M/s.C.Balasundaram, Advocate in SR.28665 Crl.O.P.(MD)No.7631 of 2016 07.06.2016 ar.

PBK/SK-SKN 21/06/2016 ::2P-5C::

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