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Madras High CourtCRL OP(MD)/9597/2016disposed of

Senthil Nathan v. The Superintendent Of Police

2016-06-21Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9597 of 2016 Senthil Nathan ... Petitioner -Vs1.The Superintendent of Police, Sivagangai, Sivagangai District 2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District 3.The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District ... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to direct the 3rd respondent to register the petitioner's complaint dated 06.05.2016 on the file of the respondent police and to investigate the same in accordance with law and also issue suitable direction against the 1st and 2nd respondent to supervise the whole investigation. For Petitioner : Mr.M.Solaisamy For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the 3rd respondent to register the petitioner's complaint dated 06.05.2016 on the file of the respondent police and to investigate the same in accordance with law and also issue suitable direction against the 1st and 2nd respondent to supervise the whole investigation.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. In the absence of the petitioner, the accused persons trespassed into the property of the petitioner and destroyed the well and thereafter in order to prevent the petitioner's family from entering into the property, installed stone pillars and threatened him to withdraw the suit filed before the Court below and a writ petition filed before this Court. When the same was questioned, the accused persons are stated to have abused him in filthy language.

4. According to the learned Government Advocate (Crl. Side), petition enquiry is stated to be pending before the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the above submission, the 3rd 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(AE) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai, Sivagangai District 2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District 3.The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.M.Solaisamy, Advocate in SR.No.32526 Crl.O.P.(MD).No.9597 of 2016 21.06.2016 RR PA/NGM-MP/04.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/