Jesudass Vs. The Superintendent of Police, Thanjavur and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1190773
CourtChennai Madurai High Court
Decided OnJun-06-2016
Case NumberCrl.O.P.(MD) No. 5438 of 2016
JudgeThe Honourable Dr.(Mrs.) Justice S. Vimala
AppellantJesudass
RespondentThe Superintendent of Police, Thanjavur and Another
Excerpt:
(prayer: criminal original petition filed under section 482 of cr.p.c., praying to direct the respondent to register the complaint of the petitioner dated 07.04.2016.) 1. this petition has been filed to direct the respondent to register the complaint of the petitioner dated 07.04.2016. 2. heard the learned counsel for the petitioner and the learned government advocate (crl.side), who would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending. 3. the sum and substance of the complaint is that when the petitioner was in the process of clearing the bushes and plants in the land for enabling the surveyor to survey the land, the proposed accused persons abused the petitioner in filthy language, threatened with dire consequences and attempted to attack him with deadly weapons. since no action was taken on the complaint lodged by the petitioner before the 2nd respondent, the petitioner is before this court seeking the above relief. 4. in view of the submission made by the learned government advocate (crl.side) that petition enquiry is pending in this case, the 2nd 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 and 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.
Judgment:

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to register the complaint of the petitioner dated 07.04.2016.)

1. This petition has been filed to direct the respondent to register the complaint of the petitioner dated 07.04.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that on the basis of the complaint given by the petitioner, petition enquiry is pending.

3. The sum and substance of the complaint is that when the petitioner was in the process of clearing the bushes and plants in the land for enabling the surveyor to survey the land, the proposed accused persons abused the petitioner in filthy language, threatened with dire consequences and attempted to attack him with deadly weapons. Since no action was taken on the complaint lodged by the petitioner before the 2nd respondent, the petitioner is before this Court seeking the above relief.

4. In view of the submission made by the learned Government Advocate (Crl.Side) that petition enquiry is pending in this case, the 2nd 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 and 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.