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Madras High CourtCRL OP/1377/2016disposed of

K.Doss v. The Inspector Of Police

2016-01-22Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1377 of 2016 K.Doss ... Petitioner Vs 1.The Inspector of Police, K-2, Ayanavaram Police Station, Chennai - 600 023.

2.S.Johnson ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 1st respondent to register the complaint against the 2nd respondent and file Fir on the basis of the complaint CSR No.14/CSR/K-2(X)/2016 dated 04.01.2016 and file report before this Court within a reasonable time. For Petitioner :

Mr.V.Maharajan For Respondents :

Mr.C.Emalias Additional Public Prosecutor [R1]

O R D E R

The present criminal original petition has been filed to direct the 1st respondent to register the petitioner's complaint dated 04.01.2016.

2. The petitioner herein lodged a complaint as against one Johnson stating that the said Johnson is conducting a chit business and collecting money for auction at once in a month. Several person used to participate in the chit and the petitioner also joined the chit business and paid the instalments regularly. But the petitioner did not participate at any auction conducted by the counter petitioner in every month. The petitioner's amount is accumulated to a sum of Rs.2,50,000/-. Therefore, the petitioner asked money from the 2nd respondent, but he refused to give the above said chit https://hcservices.ecourts.gov.in/hcservices/

amount. Thereafter, the second respondent gave a cheque to the petitioner and when the said cheque was presented, the same was returned. When the petitioner questioned the same, the second respondent threatened the petitioner. Hence, the petitioner has given a complaint on 04.01.2016. But, till date no action was taken on the said complaint. Hence, the petitioner has come forward with the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent.

4. The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.14 of 2016 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made on either side, this Court directs the respondent to conduct enquiry on the complaint given by the petitioner dated 04.01.2016 in C.S.R.No.14 of 2016 and dispose the same in accordance with law, as early as possible. If no prima facie case is made out for registering the case, the respondent is directed to pass an appropriate order on the complaint of the petitioner.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsm To 1.The Inspector of Police, K-2, Ayanavaram Police Station, Chennai - 600 023.

2. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.V.Maharajan, Advocate, sr.3850 Crl.O.P.No.1377 of 2016 vsn co, kra 03.02.2016 https://hcservices.ecourts.gov.in/hcservices/