Madras High Court
Nallasamy vs The Inspector Of Police on 18 July, 2023
Crl.O.P.(MD).No.14348 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE P.DHANABAL
Crl.O.P.(MD).No.14348 of 2017
Nallasamy ... Petitioner
Vs.
1. The Inspector of Police
Anti Land Grabbing Special Cell,
Sivagangai District
2. The Inspector of Police
District Crime Branch
Sivagangai District
(R2 impleaded as per the order of this
Court dated 10.11.2017)
3. V.Anandan ..Respondents
PRAYER: This Criminal Original Petition has been filed under Section
482 of Criminal Procedure Code, to direct the respondent police to
register the complaint against the proposed accused based on the
petitioner's complaint dated 17.07.2017, C.S.R.No.1719/2017 within the
stipulate time that may be fixed by this Court.
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Crl.O.P.(MD).No.14348 of 2017
For Petitioner : Mr.R.M.Arun Swaminathan
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the
respondent police to register the complaint against the proposed
accused based on the complaint of the petitioner dated 17.07.2017 in
C.S.R. No.1719 of 2017 within the stipulated time.
2. According to the petitioner he executed power deed in favour
of the third respondent with respect to disputed property but the agent
executed sale deed for excess land by wrongly mentioning the
measurement of the property. He gave complaint before the first
respondent police and C.S.R.No.1719 of 2017 was given but no action
has been taken.
3. The learned counsel for the petitioner contended that the
petitioner has given complaint on 17.07.2017 and thereafter the first
respondent had not taken any action and still the complaint has not
been considered, hence he approached this Court for a direction to
register the case.
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Crl.O.P.(MD).No.14348 of 2017
4. The learned counsel appearing for the third respondent
contended that this respondent being a power agent had executed sale
deed on behalf of the petitioner to one Shanmuga Velu. At that time of
executing sale deed and one side measurement was wrongly mentioned
and it is purely a typographical error and he has no intention to cheat
anybody, hence the petition is liable to be dismissed.
5. The learned Additional Public Prosecutor appearing for the
first and second respondent represented that based on the letter
received from the District Registrar the respondent police enquired the
matter and this Court had stayed the matter vide order dated
27.10.2017in W.P(MD) No.19815 of 2017.
6. Heard both sides and perused the materials available on
record.
7. On perusal of the records it is observed that the petitioner has
filed this petition for directing the respondents to consider the
representation dated 17.07.2012. The main grievance of the petitioner is
that he executed a power deed in favour of the third respondent for
particular extent, but the third respondent sold the property to one
Shanmugavelu with excess land and thereby cheated the defacto
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Crl.O.P.(MD).No.14348 of 2017
complainant for which he gave the above representation. The petitioner
has not approached the jurisdiction Magistrate under Section 156(3) of
Cr.P.C had straight away filed this petition. The petitioner has not
exhausted the remedy under section 156(3) of Cr.P.C. When the matter is
pertaining to execution of documents and without exhausting the remedy
before the concerned Magistrate, the petitioner has straight away come
before this Court under Section 482 of Cr.P.C. As per the judgment of the
Hon'ble Division Bench of this Court in CDJ 2018 MHC 5100, in the
case of G.Prabakaran vs The Superintendent of Police, Thanjavur
District and another the petitioner has to exhaust his remedy under
Section 156(3) of Cr.P.C before the Magistrate Court. Hence the present
petition is not maintainable. However the petitioner is at liberty to
approach the Jurisdictional Magistrate to seek remedy in accordance
with law.
8. With the above observation, this Criminal Original Petition is
disposed of.
18.07.2023
Index : Yes / No
Internet : Yes / No
aav
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.14348 of 2017
To
1. The Inspector of Police
Anti Land Grabbing Special Cell,
Sivagangai District
2. The Inspector of Police
District Crime Branch
Sivagangai District
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.14348 of 2017
P.DHANABAL, J.
aav
Crl.O.P.(MD).No.14348 of 2017
18.07.2023
https://www.mhc.tn.gov.in/judis
