Madras High CourtCRL OP(MD)/9260/2016disposed of

A.Michael v. The Superintendent Of Police

2016-06-17Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9260 of 2016 A.Michael ... Petitioner -Vs1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Vedasanthur Police Station, Dindigul District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to register the FIR on the basis of the petitioner's complaint dated 21.05.2016. For Petitioner : Mr.B.Senthilkumar For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.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 21.05.2016.

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 a Suit in O.S.No.163 of 2016 is pending between the petitioner and proposed accused with regard to a well and the interim order passed therein, has been violated by the proposed accused. As there was no case registered, the petitioner 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 in CSR No.176 of 2016. 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, Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Vedasanthur Police Station, Dindigul District.

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

+1cc to M/s.B.Senthil Kumar, Advocate SR.No.31108 sm:SKS-RR:28.6.2016:2P/5c Crl.O.P.(MD).No.9260 of 2016 17.06.2016 https://hcservices.ecourts.gov.in/hcservices/