RAICHAND DAGA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petition has been filed for direction to direct the first and second respondents to register the complaint dated 22.01.2020 and take action against the third to sixth respondents and consequently, sought for police protection.

(2.) Learned Counsel for the Petitioner would submit that the petitioner lodged a complaint before the second respondent with serious allegations as against the counter parties. Even then, the second respondent did not register the case, and issued only C.S.R. No.56 of 2020. Therefore, the petitioner was constrained to file a private complaint before the Learned Judicial Magistrate, namely Judicial Magistrate No.I, Chengalpattu in C.M.P. No. 2322 of 2020. The Learned Judicial Magistrate No.I, Chengalpattu after considering the allegations made in the complaint directed the second respondent to conduct enquiry and file a report by an order dated 06.03.2020. Even after receipt of the said order, the second respondent did not register any case as against the counter parties, namely, respondent Nos. 3 to 6. He further submitted that pending this writ petition, the accused persons have constructed the entire building in the disputed land.

(3.) It is seen that already the learned Additional Public Prosecutor took notice and submitted that they were conducting enquiry on the complaint. Earlier, Mr.Raichand Daga, the petitioner lodged complaint before the second respondent with serious allegations against the third to sixth respondents herein. The second respondent, on receipt of the same, issued C.S.R.No. 56 of 2020 on 24.01.2020. Thereafter, the second respondent did not take any action on the complaint lodged by the petitioner. Therefore, the petitioner lodged private complaint before the Learned Judicial Magistrate No.I, Chengalpattu. The Learned Judicial Magistrate No.I, Chengalpattu by order dated 06.03.2020 directed the second respondent to conduct enquiry on the complaint and directed to file a report. Even after the direction issued by the Learned Judicial Magistrate No.I, Chengalpattu, the second respondent did not conduct any enquiry.