Madras High CourtCRL OP(MD)/9741/2016disposed of

Vellaisamy v. The District Superintendent Of

2016-06-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD)No.9741 of 2016 Vellaisamy .. Petitioner Vs.

1. The District Superintendent of Police, Dindigul District, Dindgul.

2. The Sub Inspector of Police, Natham Police Station, Natham, Dindigul District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first respondent to direct the 2nd respondent to register the case and investigate the same based on the petitioner's complaint dated 7.5.2016.

For Petitioner : Mr.P.Ganapathisubramanian For Respondents : Mr.K.V.Rajarajan, Government Advocate (Criminal side)

ORDER

It is an application seeking a direction to the first respondent to register a case based on the complaint of the petitioner dated 07.05.2016.

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 the proposed accused have trespassed into the property of the petitioner with an intention to encroach the same. When the petitioner questioned them, they tried to attack the petitioner by using a sickle and threatened to kill him. 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.

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 (AS) /True Copy/ Sub Assistant Registrar (CS) To 1.The District Superintendent of Police, Dindigul District, Dindgul.

2.The Sub Inspector of Police, Natham Police Station, Natham, Dindigul District.

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

+1cc to Mr.P.Ganapathisubramanian, Advocate, Sr.No.32304 mj JM/SK-SKN/SAR-III/05.07.2016/2P-5C Crl.O.P.(MD)No.9741 of 2016 22.06.2016 https://hcservices.ecourts.gov.in/hcservices/