R.M.Hemalatha v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14293 of 2016 R.M.Hemalatha ...

Petitioner Vs State rep.by 1.A.Amalraj, Commissioner of Police, Coimbatore City, City Police Office Premises, Near Hosur Road, Gopalapuram, Coimbatore-641 018.

2.The Inspector of Police, Central Crime Branch, Coimbatore City, Gopalapuram, Coimbatore-641 018.

...

Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to register a case on the petitioner's complaint dated 30.06.2016 and to investigate the case in accordance with law. For Petitioner : Mr.D.Vijayababu For Respondents : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent to register a case on the complaint dated 30.06.2016, given by the petitioner and to investigate the case in accordance with law

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

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3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that petition enquiry was conducted and the same was closed on 04.07.2016. A copy of the closure report is furnished to the learned counsel appearing for the petitioner.

4. This Court perused the complaint. On a perusal of the complaint, it is seen that the petitioner had entered into a partnership agreement with the opposite party in the year 2014, and it is alleged by the petitioner that the opposite party have sold the medicines without the knowledge of the petitioner and had enriched themselves.

5. In the considered opinion of this Court, the allegation of this nature cannot be investigated by the Police, as that would lead to abuse of process of law. It is always open to the petitioner to file a suit for rendition of accounts and get remedy in the manner known to law.

In view of the above, this Criminal Original Petition is closed with liberty to the petitioner to work out her remedy in the manner known to law.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ds To 1.The Inspector of Police, Central Crime Branch, Coimbatore City, Gopalapuram, Coimbatore-641 018.

2.The Public Prosecutor, High Court, Chennai.

+1 cc to Mr.D.Vijayababu Advocate sr.42080 Crl.OP.No.14293 of 2016 aa17/08/2016 https://hcservices.ecourts.gov.in/hcservices/