Madras High CourtCRL OP(MD)/8878/2016disposed of

Asirvatham v. The Superintendent Of Police

2016-06-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.8878 of 2016 Asirvatham ... Petitioner -Vs1. The Superintendent of Police, Tirunelveli District, Tirunelveli.

2. The Sub-Inspector of Police, Kuruvikulam Police Station, Sankarankovil Taluk, Tirunelveli District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to register a case based on the petitioner's complaint dated 28.05.2016 for the offences punishable under Sections 379, 341, 294(b), 426 and 506(i) of IPC and investigate the same and to file a final report within the time frame fixed by this Court.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the second respondent to register a case based on the petitioner's complaint dated 28.05.2016 for the offences punishable under Sections 379, 341, 294(b), 426 and 506(i) of IPC and investigate the same and to file a final report.

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 preferred by the petitioner is that the proposed accused persons in order to disturb the agricultural activities, have taken all the irrigation materials, such as pump, motor, wires etc and thereby prevented his agricultural activities and they obstructed the pathway also. When the same was questioned by the petitioner herein, they used https://hcservices.ecourts.gov.in/hcservices/

abusive language and threatened him.

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

5. In view of the above submission, the 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 (Records) /True copy/ Sub Assistant Registrar To

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

2. The Sub-Inspector of Police, Kuruvikulam Police Station, Sankarankovil Taluk, Tirunelveli District.

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

+ 1 CC TO MR.T.INDRACHITHU, ADVOCATE IN SR No. 30500 RR TE/PEK/ : 27/06/2016 : 2P/5C Crl.O.P.(MD).No.8878 of 2016 15.06.2016 https://hcservices.ecourts.gov.in/hcservices/