Madras High CourtCRL OP(MD)/9118/2016disposed of

M. Muniyandi v. The Superintendent Of Police

2016-06-16Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.9118 of 2016 M.Muniyandi .. Petitioner .Vs.

1.The State represented by The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur Sub Division,Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

.. Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the Inspector of Police, Melur Police Station, Madurai District, the 3rd respondent herein, to register the petitioner's complaint dated 02.06.2016 an FIR within a stipulated period.

For Petitioner :Mr.S.Balaji For Respondent :Mr.A.P.Balasubramani Govt. Advocate(Crl. Side)

ORDER

This petition has been filed seeking a direction to the 3rd respondent police to register a case based on the complaint of the petitioner dated 02.06.2016.

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 of the petitioner is that due to civil dispute, the proposed accused trespassed into land belonging to the petitioner and removed boundary stones erected by him and when it was questioned, the proposed accused abused him in filthy language and also by his caste name. As no case was registered on the said complaint, the petitioner has come up with this petition.

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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 /True Copy/ Sub Assistant Registrar gcg To The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

+1CC to Mr.S.Balaji, Advocate Sr.No.30818 GJM/GSV/PM/5.7.16-2p-6C Crl.O.P(MD)No.9118 of 2016 16.06.2016 https://hcservices.ecourts.gov.in/hcservices/