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2025 Supreme(Online)(Mad) 61349

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. G. JAYACHANDRAN, J
Antony Joseph – Appellant
Versus
Mrs. Brindha, The Inspector of Police, Oomangalam Police Station, Cuddalore District. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. J. Antony Jesus
For the Respondents:Mr. S. Balaji Government Advocate (Crl. Side)

ORDER

The petitioner herein alleging that sand from the land situated in Survey No.19/01 at Arasukuzhi village, measuring about 1.20 acres being illegally removed by the accused persons namely Selvaraj and Victoria, claiming that the land owned by his mother namely Uthamamary. She gave a complaint before the respondent police on 12.11.2021 about the illegal mining of the sand, amounting to theft. Since no action was taken on her complaint, his mother moved an application under Section 156 (3) of Code of Criminal Procedure before the learned Judicial Magistrate, Neyveli. The learned Judicial Magistrate, Neyveli, vide order dated 15.07.2022 directed the respondent to conduct preliminary enquiry and register FIR, if any cognizable offence is made out.

2. In regard to his direction, no investigation was taken by the respondent and therefore, the petitioner moved to this Court by filing a petition in Crl.O.P.No.27599 of 2022 for direction to register a FIR and when the said application is pending. The learned Government Advocate reported before the Court that the complaint has been registered in Crime No.349 of 2022 on 07.09.2022. Recording the same, this Court dismissed the Crl.O.P.No.

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