In a petition under Section 482 CrPC seeking an FIR for land encroachment, the Held that no positive direction to the police can be issued as the matter is essentially a civil dispute regarding removal of encroachment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP.No.9633 of 2016
N.Sampath S/o.Natesan Secretary, Pallikaranai Residential Welfare Association No.4A, Avvai Street, Periyar Nagar, Pallikaranai, Chennai – 100. .. Petitioner
Vs
State represented by its 1.The Commissioner of Police Greater chennai Office of the Commissioner of Police, EVK Sampath Salai, Vepery, Chennai,
2.The Inspector of Police, S-10, Pallikaranai Police Station, Pallikaranai, Chennai .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the second respondent herein to register the petitioner's complaint dated 15.08.2014 on the file of the respondent.
For Petitioner : Mr.Vimal B.Crimson For Respondents: Mr.C.Emalias, Additional Public Prosecutor O R D E R
This Criminal Original Petition has been filed to direct the second respondent to register a case on the complaint dated 14.08.2014, given by the petitioner.
3.In the complaint dated 14.08.2014, it is alleged by the petitioner that the opposite party had encroached the land earmarked for common purpose viz., road.
In view of the above, this Criminal Original Petition is closed.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
ds
To
1.The Commissioner of Police
Greater chennai
Office of the Commissioner of Police,
EVK Sampath Salai,
Vepery, Chennai,
2.The Inspector of Police,
S-10, Pallikaranai Police Station,
Pallikaranai, Chennai
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.Vimal B. Crimson, Advocate, S.R.No.35878
KS(CO) EU(03/08/2016)
Crl.OP.No.9633 of 2016
2 issues framed by the court
Whether the High Court can direct the police to register an FIR regarding an alleged land encroachment.
Whether a positive direction to the police to register an FIR can be issued in a civil dispute over encroachment.
1 provisions across 1 enactments
N. Sampath
State represented by the Commissioner of Police, Greater Chennai
Inspector of Police, S-10, Pallikaranai Police Station
P. N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
