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Madras High CourtCRL OP/11266/2016closed

R.Balu, v. State By

2016-06-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.11266 of 2016 and Crl.MP.No.6102 of 2016 R.Balu .. Petitioner Vs State by 1.The Superintendent of Police, Tiruppur District, Tiruppur.

2.The Deputy Superintendent of Police, Avinashi, Tiruppur District.

3.The Inspector of Police, Perumanallur Police Station, Perumanallur, Tiruppur District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the second respondent police to register FIR against the named said persons on the basis of the complaint lodged by the petitioner on 14.05.2016. For Petitioner : Mr.C.Prakasam For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the second respondent police to register an FIR on the complaint dated 14.05.2016, given by the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3. When the matter is taken up for hearing, Mr.C.Prakasam, learned counsel for the petitioner submitted that on 13.05.2016, opposite party forcibly entered into the premises of the petitioner and had taken away the machineries belonging https://hcservices.ecourts.gov.in/hcservices/

to the petitioner.

4. Per contra, the learned Additional Public Prosecutor submitted that the petitioner and the opposite party had entered into an agreement dated 27.04.2016, pursuant to which, only the opposite party had taken over the possession of the machineries with the full knowledge of the petitioner.

5. Under such circumstances, the third respondent-Police is directed to conduct enquiry on the complaint dated 14.05.2016 and if it is found to be untrue, a closure report may be served on the petitioner, so that he can work out his remedy in the manner known to law.

With the above direction, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ds To 1.The Superintendent of Police, Tiruppur District, Tiruppur.

2.The Deputy Superintendent of Police, Avinashi, Tiruppur District.

3.The Inspector of Police, Perumanallur Police Station, Perumanallur, Tiruppur District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.Prakasam Advocate sr.35919 +1 cc to M/s.R.Prabakar Advocate sr.36184 Crl.OP.No.11266 of 2016 aa28/07/2016 https://hcservices.ecourts.gov.in/hcservices/