1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2011 C O R A M THE HONOURABLE MS.JUSTICE R.MALA CRIMINAL ORIGINAL PETITION No.4750 OF 2011 Vasuki ... Petitioner Vs. 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Sub Inspector of Police, Karaikudi South Police Station, ivagangai District. ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the petitioner's complaint dated 30.03.2011. For Petitioner : Mr.Arunachalam @ Arun For Respondents: Mr,K.V.Rajarajan, Government Advocate(Crl.Side) ORDER Heard both sides. 2.The learned counsel appearing for the petitioner would submit that he purchased some properties from one Muniyammal on 20.04.2010. He would further submit that one Pandi, who is working as Sub Inspector of Police in Chettinadu Police Station is residing near his house. His sister Kanagavalli has purchased the adjacent property. But, she encroached upon the property purchased by the petitioner and made fence and put up a board stating that the property is belonging to her, against which the petitioner has preferred a complaint that has not been registered by the respondent. Hence, the petitioner has come forward with the present application for the relief stated earlier. 3.At this juncture, the said Kanagavalli has filed an application to implead herself as a party and she has stated that the petitioner has not purchased the property from the said Muniammal and he has purchased the same from her husband, who is the power of attorney. The power of attorney is a disputed one and it is only a civil in nature and hence, she prayed for the dismissal of the petition. 4.Heard the learned Government Advocate (criminal side) appearing for the respondents 1 and 2. 5.Considering the submissions made on either side, I am of the opinion that since the petitioner has given a complaint on 30.03.2011, without following the dictum laid down in the case in Sakiri Vasu Vs. State of Uttar Pradesh and Others reported in 2008(2) SCC 409. Hence, I https://hcservices.ecourts.gov.in/hcservices/ 2 am of the view that this is a fit case to direct the petitioner to avail the alternative remedy before filing this application under Section 482 of the Code of Criminal Procedure. 6.Accordingly, the petitioner is directed to avail the alternative remedy before filing this application as per the dictum laid down in the case in akiri Vasu Vs. State of Uttar Pradesh and Others reported in 2008(2) SCC 409. 7.With the above direction, this Criminal Original Petition is disposed of. Arul Sd/- Assistant Registrar[Records] /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Sub Inspector of Police, Karaikudi South Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.4750 of 2011 Dated:12.07.2011 2P/4C RPB 21.07.2011 https://hcservices.ecourts.gov.in/hcservices/