Madras High CourtCRL OP/10198/2014disposed of

C.Babu, S/O.Venugopal, v. State Rep.By Inspector Of

2016-06-27Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.10198 of 2014 C.Babu .. Petitioner

Versus

State Rep. By The Inspector of Police, District Crime Branch, Villupuram District.

.. Respondents Petition filed under Section 482 Cr.P.C to direct the respondent to register a case on the basis of the petitioner's complaint dated 29.10.2013 and to investigate the same in accordance with law. For Petitioner : Mr.M.Kalyani For Respondents : Mr.V.Arul, Government Advocate [Criminal Side]

O R D E R

This criminal original petition has been filed seeking a direction to the respondent to register the complaint given by the petitioner dated 29.10.2014.

2. The learned counsel appearing for the petitioner submitted that the petitioner filed a complaint dated 29.10.2013 against one Arumugam, Raman and Venkatesan alleging that they have entered into a sale agreement with the petitioner and received a sum of Rs.10,000/- as advance. Subsequently, the petitioner paid additional sum of Rs.1,25,000/- to them. However, after receipt of the above said amount, they sold the property in favour of one Dr.Mahadhan Sekar Raja, hence, the petitioner approached the vendors to return the advance amount, but he refused. Hence, he filed the present complaint.

3. The learned Government Advocate [Criminal Side] appearing for the respondent submitted that the petition is still pending for enquiry before the respondent police.

4. In the above circumstances, the respondent police is directed to conduct enquiry within a period of four weeks and during the course of enquiry, if any cognizable offence is made out, F.I.R. shall be registered, following the dictum laid down by the Hon'ble Supreme Court in LALITA KUMARI vs. GOVERNMENT OF UTTARPRADESH AND OTHERS reported in [(2014) 2 SCC 1].

5. With the above direction, the Criminal original petition is disposed of.

28.06.2016 rrg To 1.The Inspector of Police, District Crime Branch, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

V.BHARATHIDASAN, J., rrg Crl.O.P.No.10199 of 2014 28.06.2016