Madras High CourtCRL OP/13174/2015closed

K.Devaraj v. The District Superintendent Of

2015-06-02Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.13174 of 2015 1 K.DEVARAJ [ PETITIONER ] Vs.

1 THE DISTRICT SUPERINTENDENT OF POLICE THIRUVANNAMALAI DISTRICT AT THIRUVANNAMALAI.

2 THE SUB INSPECTOR OF POLICE KALAMBUR POLICE STATION THIRUVANNAMALAI DISTRICT [ RESPONDENTS ] Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents police to register the petitioner`s complaint dated 04.04.2015.

For Petitioner :Mr.M.V.Muralidaran For Respondents :Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the respondent police to register the petitioner's complaint dated 04.04.2015, he has come up with this petition.

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

3. On reading of the complaint, it appears that the petitioner supplied rice to the counter petitioner to the tune of Rs.11,26,086/- and after having received the consignment, the counter petitioner has not made any payment and has become scarce. Therefore, the petitioner lodged the present complaint, pursuant to which the respondent police issued summons to the counter petitioner to appear. After receiving the summons from the police, the counter petitioner has sent to the police by post the pleadings in O.S.No.27 of 2015 that has been filed by the counter petitioner against the petitioner. Therefore, the police have kept the case away from enquiry. Just because the counter petitioner has filed the suit, that cannot be a reason for him for not appearing before the police and participating in the enquiry.

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4. Under the circumstances, the respondent police is directed to conduct enquiry and take action in accordance with the law laid down by the Honourable Apex Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)]..

5. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ajr To 1 THE DISTRICT SUPERINTENDENT OF POLICE THIRUVANNAMALAI DISTRICT, THIRUVANNAMALAI.

2 THE SUB INSPECTOR OF POLICE KALAMBUR POLICE STATION, THIRUVANNAMALAI DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS + 2 ccs to Mr.M.V.Muralidaran, AdvocateSr.26032, 26055 Crl.OP No.13174 of 2015 CTK(CO) EU 09.06.15 https://hcservices.ecourts.gov.in/hcservices/