Madras High CourtCRL OP(MD)/9395/2016disposed of

Balakrishnan v. The Sub Inspector Of Police

2016-06-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9395 of 2016 Balakrishnan ... Petitioner -VsState rep.by 1.The Sub Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Aranthangi, Pudukottai District.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents herein to consider the petitioner's complaint dated 22/04/2016 to the 1st respondent and initiate appropriate action in accordance with law and register a case and investigate the same.

For Petitioner : Mr.AL.Kannan For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

It is an application seeking a direction to the respondents to register a case based on the complaint of the petitioner dated 22.04.2016.

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 the petitioner's daughter and granddaughter have executed a power of attorney deed in his favour to maintain their property, which is situated in S.No.238/3C. When the https://hcservices.ecourts.gov.in/hcservices/

petitioner tried to put up a construction in the said property, the proposed accused, who are the adjacent land owners, threatened the petitioner and attacked him. As there was no case registered, the petitioner has come up with this petition. 4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending in CSR No.142 of 2016. 5.In view of the above submission, the first 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 first 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 her 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 To 1.The Sub Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Aranthangi, Pudukottai District.

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

+1cc to M/s.AL.Kannan, Advocate in SR.No.31583 SDR/NGM-MP/30.06.2016/2P/5C Crl.O.P.(MD).No.9395 of 2016 20.06.2016 https://hcservices.ecourts.gov.in/hcservices/