Madras High CourtCRL OP/1503/2023disposed of

E.Ayyappan v. The District Superintendent Of Police,

2023-01-25Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Crl.O.P. No.1503 of 2023 E.Ayyappan ... Petitioner Vs.

1. The District Superintendent of Police, Vilupuram District.

2. The Inspector of Police, Vikkiravandi Police Station, Villupuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent police to register a FIR based on the complaint of the petitioner dated 03.12.2022 in accordance with law. For Petitioner : Mr.C.Raja For Respondents : Mr. S.Santhosh Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent police to register the FIR based on the complaint of the petitioner dated 03.12.2022 in accordance with law.

2. The learned counsel for the petitioner submitted that the petitioner entered into sale agreement with one M.Balu for purchase of property situated in S.F.No.177/4F at VettukaduVillage, Vikkiravandi Taluk, Villupuram District to an extent of 0.40 cents. Out of total sale consideration of Rs.7,80,000/-, petitioner had paid a sum of Rs.1,00,000/-. Even thereafter, accused had not executed the sale deed. On enquiry, petitioner came to know that the first accused had executed sale deed in favour of his brother/2nd accused. Therefore, petitioner gave a complaint before the respondent police on 03.12.2022, however, till now, no action was taken, resulting in filing of this petition.

3. In response, the learned Government Advocate (Crl. Side) appearing on behalf of the respondent, on instructions, submitted that on the basis of the complaint given by the petitioner, enquiry in C.S.R.No.1724 of 2022 has been conducted and the same was closed, since the dispute

between the parties is civil in nature.

4. Recording the submission made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is disposed of with liberty to the petitioner to work out his remedy in the manner known to law. 25.01.2023 Sma To

1. The District Superintendent of Police, Vilupuram District.

2. The Inspector of Police, Vikkiravandi Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN,J Sma Crl.O.P. No.1503 of 2023 25.01.2023