M.Karuppiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.21465 of 2023 M.Karuppiah ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Nilakottai, Dindigul District.

3.The Inspector of Police, Nilakottai Police Station, Dindigul District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondets to include necessary penal provisions of law in the case in Crime No.265 of 2023 on the file of the third respondent on the basis of the petitioner's complaint dated 04.11.2023 in accordance with law within the time stipulated by this Court. For Petitioner : Mr.N.Senthilnathan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

O R D E R This Criminal Original Petition is filed to direct the respondets to include necessary penal provisions of law in the case in Crime No.265 of 2023 on the file of the third respondent on the basis of the petitioner's complaint, dated 04.11.2023 in accordance with law within the time stipulated by this Court.

2. Now the grievance of the petitioner is that on the basis of the complaint given by the petitioner with regard to the occurrence, dated 21.10.2023, a case was registered in Crime No.265 of 2023 for the offences punishable under Sections 427, 294(b), 323, 336 IPC and 4 of TNPHW Act, 2002. A similar occurrence also took place on 14.11.2023, in that occurrence, the private parties damaged the CCTV put up by the petitioner in his premises, over which also, he gave another complaint before the third respondent through online. But so far, no action has been taken.

3. The learned Government Advocate (Crl.Side) would submit that so far the above said complaint is not received by the concerned authority.

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4. Let the petitioner appear before the third respondent herein and give a fresh complaint, if so required. The third respondent is directed to enquire the above said complaint in a proper manner, since it has been stated by the petitioner that the damage caused to his property is more than Rs.1,50,000/-. Let the above said enquiry be completed within a period of fifteen days from the date of fresh complaint to be given by the petitioner.

5. Apart from that another grievance of the petitioner is that proper penal provision is not included in Crime No.265 of 2023.

6. During the course of investigation, if it is found any damage caused by the private parties, proper penal provision will be included in Crime No.265 of 2023. It is the matter for investigation by the third respondent. No specific direction can be issued by this Court at this stage. It is too a premature stage to make any direction or interference in the investigation process.

7. With the above said observations, this petition is disposed of. 29.11.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Nilakottai, Dindigul District.

3.The Inspector of Police, Nilakottai Police Station, Dindigul District.

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

Crl.O.P.(MD) No.21465 of 2023 29.11.2023 4/4