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Madras High CourtCRL OP(MD)/8426/2016closed

A. Sivakumar v. The Superintendent Of Police

2016-06-09Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.8426 of 2016 A.Sivakumar .. Petitioner Vs.

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

2.The Inspector of Police, Palanichettipatti Police Station, Theni District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent police to register a case against on the petitioner's complaint dated 25.04.2016. For Petitioner : Mr.S.Sukumar For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 25.04.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The learned counsel for the petitioner submitted that the proposed accused, who sold their property for a valuable consideration to the petitioner, are not giving vacant possession of the same, threatening that they will commit suicide if he insisted so. As no case was registered on the said complaint, he has come up with this petition.

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

5.In view of the above submission, the second 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 second 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. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Palanichettipatti Police Station, Theni District.

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

+1cc to M/s.S.Sukumar, Advocate SR.No.29498 sm:sk-skn:23.6.2016:2P/5C Crl.O.P(MD)No.8426 of 2016 09.06.2016 https://hcservices.ecourts.gov.in/hcservices/