R.Dhatchanamoorthy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.1339 of 2023 P.Dhatchanamoorthy

...Petitioner

Vs.

1.The State represented by The Superintendent of Police, Villupuram, Villupuram District.

2.The State represented by The Deputy Superintendent of Police, Villupuram, Villupuram District.

3.The State represented by The Inspector of Police, District Crime Branch Police, Villupuram, Villupuram District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent Police to register a case on the petitioner's complaint dated 30.12.2021 which is pending before the 3rd respondent police and to investigate the same in accordance with law. 1/4

For Petitioner : Mr.V.R.Appaswamee For Respondent : Mr.S.Santhosh Government Advocate (Crl side)

ORDER

This Criminal Original Petition has been filed to direct the 3rd respondent Police to register a case on the petitioner's complaint dated 30.12.2021, which is pending before the 3rd respondent police and to investigate the same in accordance with law.

2. The learned counsel for the petitioner submitted that, the petitioner is born with three brothers and one sister. Petitioner's father was doing a textile and Jewellery business. He owned three jewellery shops and two pawn broker shops. After the demise of petitioner's father, the business was managed by Murugadoss, Ganesh Gupta and Balaji. 16 Kgs of gold left by petitioner's father was divided among brothers, and in that division, 4 kgs of gold was allotted to the petitioner. Petitioner handed over his share of gold to his brother namely P.V.Balaji. However, the said P.V.Balaji did not return the gold. In this regard, a complaint dated 30.12.2021 was given by the petitioner. Since, no First Information Report is registered, this present petition is filed. 2/4

3. In response, learned Government Advocate (Criminal side) submitted that, on the basis of the complaint given by the petitioner, enquiry was conducted in Current Paper No.5207 of 2022 and the parties have agreed to settle the dispute through Civil Court. Recording the submission, the complaint was closed.

4. Recording the submission of learned Government Advocate (Criminal side) that, parties stated that they would resolve the dispute before Civil Court and that the said P.V.Balaji had given an undertaking to return the jewellery, this Court finds that, no further order is necessary in this case.

5. Accordingly, this Criminal Oriignal Petition is disposed. 23.01.2023 gd Index:Yes/No Speaking Order: Yes/No G.CHANDRASEKHARAN.J., 3/4

gd To 1.The State represented by The Superintendent of Police, Villupuram, Villupuram District.

2.The State represented by The Deputy Superintendent of Police, Villupuram, Villupuram District.

3.The State represented by The Inspector of Police, District Crime Branch Police, Villupuram, Villupuram District.

4.The Public Prosecutor High Court of Madras.

Crl.O.P.No.1339 of 2023 23.01.2023 4/4