Madras High CourtCRL OP/11985/2016disposed of

E. Veerabathiran, v. State By Commissioner Of

2016-06-13Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11985 of 2016 E.Veerabathiran Petitioner Vs 1.State by Commissioner of Police Chennai City Vepery, Chennai 600 007.

2.The Inspector of Police Thiruvanmiyur Police Station Thiruvanmiyur, Chennai 41.

Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent police to register a case on the basis of the complaint given by the petitioner dated 27.04.2016 against the above said person named in the complaint and investigate into the matter and submit a report to the Court.

For petitioner Mr.R.Muthamizh For Respondents Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police to register a case on the basis of the complaint given by the petitioner dated 27.04.2016 against the above said person named in the complaint and investigate into the matter and submit a report to the Court.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.

On a reading of the complaint dated 27.04.2016, it is seen that this petitioner has sold his property to the opposite party by executing a sale deed on 25.02.2016. Now it is alleged by the petitioner that the sale deed was executed on account of compulsion. For the sale deed which was executed on 25.02.2016, a complaint has been lodged two months later, i.e. on 27.04.2016.

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4. Learned Additional Public Prosecutor submits that on the petitioner's complaint dated 27.04.2016, petition enquiry was conducted in C.No.1898 of 2016 and the same was closed. Under such circumstances, no positive direction can be issued to the respondent to register an FIR. It is always open to the petitioner to work out his remedy in the manner known to law before the civil Court.

With the above observation, this petition is closed. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar gms To 1.The Commissioner of Police Chennai City Vepery, Chennai 600 007.

2.The Inspector of Police Thiruvanmiyur Police Station Thiruvanmiyur, Chennai 41.

3.The Public Prosecutor, High Court, Madras.

1 cc to M/s. R. Muthamizh, Advocate, sr. 32963 Crl.O.P.No.11985 of 2016 KS (CO) kk 29/6 https://hcservices.ecourts.gov.in/hcservices/