IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH

Crl.O.P.No.26625 of 2015

Kannan

... Petitioner

Vs.

The Inspector of Police,

S-6, Shankar Nagar Police Station,

Chennai-75.

... Respondent

Prayer: Petition filed under Section 482 of the Criminal

Procedure Code praying to direct the respondent-Police to

register a case based on the complaint given by the petitioner

dated 20.10.2015 and investigate the matter in accordance with

law.

For Petitioner : Mr.V.Karnan

For Respondent : Mr.C.Emalias APP

ORDER

This petition has been filed seeking to direct the

respondent-Police to register a case on the basis of the

petitioner's complaint dated 20.10.2015 and investigate the

matter in accordance with law.

2.In the affidavit filed in support of this petition, it

has been stated by the petitioner that the petitioner's wife

Shanthi had purchased a house property in Plot No.4, Kambar

Street, Abdul Kalam Nagar, Cowl Bazzar, Chennai, from one

Nalini Nagalakshmi W/o.Sundaraj and the same is registered in

Document No.5013/2014, dated 07.07.2014. After purchasing the

above said property, the petitioner started construction.

While so, one Vijaya and her sister Mala, Siva and others

conspired together and they created forged voter I.D and

Vodafone phone bill receipts and also created a lease deed by

using the above said forged documents, they had filed a suit

in O.S.No.762/2014 on the file of District Munsif Court at

Alandur and they also filed an injunction application in

I.A.No.1264/2014 and obtained an exparte interim injunction.

Using the exparte injunction, the said accused persons

threatened the petitioner and his family members to stop

further construction in the above said house property. On

https://hcservices.ecourts.gov.in/hcservices/

25.09.2015, the District Munsif Court at Alandur found that

the above said documents, which was produced by the above said

Vijaya, were fabricated and hence by recording the same the

exparte injunction granted in her favour was vacated by the

Court. On 19.10.2015, in order to complete the construction

work the petitioner went to the above said property; at that

time the above said Shanthi and her sister Mala and their

henchmen restrained the petitioner from entering into the

property and abused the petitioner in filthy language and also

threatened

the

petitioner

with

dire

consequences.

Immediately the petitioner gave a complaint dated 20.10.2015

with the respondent-police and the same was duly received by

the respondent, vide CSR.No.828/2015. But, thereafter no

action was taken by the respondent-Police. Hence, the

petitioner has come forward with the present petition.

3.Heard both sides. The learned Additional Public

Prosecutor submitted that after conducting enquiry, the

respondent-Police closed the petitioner's complaint, since the

Civil Suit is already pending between the parties before the

District Munsif Court, Alandur.

4.Since the complaint has already been closed by the

respondent-Police, at this stage, this Court cannot give any

direction as sought for by the petitioner. It is always open

to the petitioner to work out his remedy under Section 154(3)

or 156(3) of Cr.P.C. Hence, this criminal original petition

is dismissed.

Sd/-

Assistant Registrar(CS IV)

//True Copy//

Sub Assistant Registrar

ssv

To,

1.The Inspector of Police,

S-6, Shankar Nagar Police Station,

Chennai-75.

2.The Public Prosecutor,

High Court, Madras.

+ 1 cc to Mr.V. Karnan, Advocate sR.61644

Crl.O.P.No.26625 of 2015

AR-II

Eu 25.11.15

https://hcservices.ecourts.gov.in/hcservices/