R.Arivazhagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI R.Arivazhagan ... Petitioner Vs.

The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent herein to comply with the order dated 02.11.2023 in Cr.M.P.No.3080 of 2023 on the file of the learned Judicial Magistrate No.II (FAC), Kulithalai, Karur District and consequently, register a First Information Report based on the complaint given by the petitioner dated 19.09.2023 within the stipulated time by this Court.

For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) 1/4

ORDER

This criminal original petition has been filed seeking a direction to the respondent Police to comply with the order passed by the learned Judicial Magistrate No.II (FAC), Kulithalai, Karur District in Cr.M.P.No. 3080 of 2023 dated 02.11.2023 and to register a First Information Report based on the complaint given by the petitioner dated 19.09.2023. 2.The learned counsel appearing for the petitioner submits that one Mohan and his wife trespassed into the petitioner's land and damaged the fencing put up by the petitioner. When the petitioner questioned about the same, they abused him in filthy language. Therefore, the petitioner filed a complaint before the respondent Police. However, no case was registered and hence, the petitioner approached the learned Judicial Magistrate No.

II (FAC), Kulithalai, Karur District and filed an application under Section 156(3) Cr.P.C., in Cr.M.P.No.3080 of 2023, which was ordered on 02.11.2023 with a direction to the respondent Police to conduct enquiry and to file a status report. However, till date no action has been taken by the respondent Police and therefore, the petitioner filed the present petition.

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3.The learned Government Advocate(Crl.side) submits that the respondent Police conducted enquiry and found that the complaint was civil in nature and therefore, closed the complaint. 4.Recording the submission of the learned Government Advocate(Crl.side), this criminal original petition is closed. The respondent shall furnish a copy of the closure report to the petitioner. The petitioner is at liberty to workout his remedy in the manner known to law.

20.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Judicial Magistrate No.II (FAC), Kulithalai, Karur District. 2.The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

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

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B.PUGALENDHI,J gns 20.06.2024 4/4