Disposed

Eswaradhass v. the Superintendent of Police

Madras HC5 Feb 2018CRL OP(MD)/1671/2018

Case brief

AI extract

What is this about?

Petitioner sought direction under CrPC Sec 482 to direct police to register a case and investigate alleged grievance. Respondents closed complaints stating trees damaged high-tension wires. Court directed police to inform petitioner of closure via registered post with leave to approach other remedies.

What did the court decide?

Direct the second respondent to inform the petitioner by registered post regarding the closure of complaints.

Eswaradhass Vs the Superintendent of Police — Criminal Trial and Appeal | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.02.2018

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CORAM

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THE HON'BLE MR.JUSTICE P.RAJAMANICKAM

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Crl.O.P.(MD) No.1671 of 2018

Eswaradhass

... Petitioner

-Vs-

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

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2.The Inspctor of Police, Arumanai Police Station, Kanyakumari District. ... Respondents

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Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the 2^nd respondent police to register the case on the complaint of the petitioner dated 05.12.2017 and 16.12.2017 on the file of the respondents herein and to investigate and file a final report within a stipulated time as fixed by this Court.

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For Petitioner : Ms.C.Bharathi

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For Respondents : Mr.Prabhu Ramachandran Government Advocate(Crl.side)

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O R D E R

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This petition has been filed to direct the second respondent to register a case based upon the complaint given by the petitioner, dated 05.12.2017 and 16.12.2017.

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2.The learned counsel for the petitioner has submitted that the petitioner is having two acres of land in Survey No.348/10 in Arumanai Village, in which, he has planted rubber trees. He further submitted that the petitioner has approached one Rathinam, who is working as lineman in TNEB, for fixing meter in his residence for that the said Rathinam has demanded a sum of Rs.500 as bribe, but the petitioner refused to pay the said amount and aggrieved by the same, the said Rathinam trespassed into the petitioner's land on 02.12.2017 and cut nine trees and caused damage to the value of https://hcservices.ecourts.gov.in/hcservices/ Rs.2.5 lakhs and hence, the petitioner has lodged a complaint before the second respondent on 05.12.2017 and the second respondent has

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issued a CSR No.87 of 2017 and thereafter, the second respondent has not taken any further action. He further submitted that since the second respondent has not taken any action on the earlier complaint, the petitioner has sent another complaint on 16.12.2017 through the first respondent and thereafter also no action has been taken.

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3.The learned Government Advocate (Crl.side) has submitted that after receipt of the aforesaid complaints, enquiry has been conducted and since the aforesaid trees were touching the high tension live wire of TNEB, he has cut the trees and no offence has been committed and hence, the said complaints have been closed on 29.12.2017.

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4.The learned counsel for the petitioner by way of reply has submitted that the petitioner has not received any information with regard to the closure of the petitioner's complaints.

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5.Considering the aforesaid submissions, the second respondent is directed to inform the petitioner by a registered post with regard to the closure of the petitioner's complaints. It is open to the petitioner to avail any other remedy, which is available under the law.

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6.With the aforesaid observation, this criminal original petition is disposed of.

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Assistant Registrar(CSIII)

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/True Copy/

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Sub-Assistant Registrar

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1.The Superintendent of Police, Kanyakumari District, Nagercoil.

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2.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

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3.The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai. +One cc to Ms.C.Bharathi, Advocate, SR.No.46188 rmk

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RL/5C/2P/SV/MMS/SAR2/20/2/2018

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Crl.O.P.(MD) No.1671 of 2018

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

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05.02.2018

Eswaradhass v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Eswaradhass v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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