Madras High CourtCRL OP/11579/2016closed

S.Mohana v. The State Rep. 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.11579 of 2016 S.Mohana ..Petitioner Vs The State rep by The Inspector of Police T-5, Thiruverkadu Police Station Chennai 77.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register the case based on the petitioner's complaint dated 30.05.2015 and CSR No.348/2015 dated 01.06.2015 issued by the respondent.

For Petitioner :

Mr.S.Deivasigamani For Respondent :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to register the case based on the petitioner's complaint dated 30.05.2015 in CSR No.348/2015 dated 01.06.2015 issued by the respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that on the complaint dated 30.05.2015 lodged by the petitioner, petition enquiry was conducted in CSR No.348/2015 and during the course of enquiry, the opposite party seems to have given an undertaking that he will pay money to the petitioner. On the strength of this undertaking, the petition enquiry was closed. The allegation of the petitioner is that the opposite party was doing an illegal chit and had collected money from the petitioner and cheated the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, the respondent police is directed to re-open the enquiry in CSR No.348/2015 and during the course of enquiry, if any cognizable offence is made out, a regular case shall be registered, in accordance with the law laid down by the Honourable Apex Court in Lalita Kumari vs. Govt. of U.P. & others [(2014) 4 SCC 1], otherwise, the petition may be closed under intimation to the petitioner. This Criminal Original Petition is disposed of with the above direction.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar gms To 1.The Inspector of Police T-5, Thiruverkadu Police Station,Chennai 77.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.S.Deivasigamani Advocate sr.31804 Crl.OP No.11579 of 2016 aa18/07/2016 https://hcservices.ecourts.gov.in/hcservices/