Dr.Neilkumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2016

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.33170 of 2014 DR.NEILKUMAR ... PETITIONER Vs.

1 THE COMMISSIONER OF POLICE COIMBATORE, COIMBATORE DISTRICT.

2 THE STATE REP. BY ITS THE INSPECTOR OF POLICE (LAW AND ORDER) VADAVALLI POLICE STATION COIMBATORE.

... RESPONDENTS Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 2nd respondent police to register a FIR on the basis of the complaint dated 23/08/2014.

For Petitioner : Mr.K.Myilsamy For Respondents: Mr. V.Arul, Government Advocate [Criminal Side]

O R D E R

This petition is filed seeking a direction to the 2nd respondent police to register a FIR on the basis of the complaint dated 23/08/2014.

2. Heard the learned counsel for the petitioner and the learned Government Advocate [Criminal Side] for the respondents and perused the materials placed on record.

3. The petitioner has given a complaint before the Commissioner of Police, Coimbatore District and also the Inspector of Police (Law and Order), Vadavalli Police Station, Coimbatore, alleging that one Fancis Paul Anthony, Rajeshkumar, Rasal, Jayarom, Joshi have cheated the petitioner to the tune of Rs.1,43,00,000/-. The second respondent has returned the complaint stating that they have no pecuniary jurisdiction to investigate the complaint.

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4. In the above circumstances, this Criminal Original Petition is disposed of giving liberty to the petitioner to give a fresh complaint to the Inspector of Police, District Crime Branch, Coimbatore, within a period of two weeks from the date of receipt of a copy of this order. On filing of such complaint, the Inspector of Police, District Crime Branch, Coimbatore, is directed to receive the same and conduct enquiry within a period of four weeks thereafter and during the course of enquiry, if any cognizable offence is made out, F.I.R. shall be registered, following the dictum laid down by the Hon'ble Supreme Court in LALITA KUMARI vs. GOVERNMENT OF UTTARPRADESH AND OTHERS reported in [(2014) 2 SCC 1].

mra s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To 1 THE COMMISSIONER OF POLICE COIMBATORE, COIMBATORE DISTRICT.

2 THE INSPECTOR OF POLICE (LAW AND ORDER) VADAVALLI POLICE STATION COIMBATORE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+ 1 cc to Mr.K.Myilsamy, Advocate SR 33077 bvr(co) prk15/7 Crl.O.P.No.33170 of 2014 https://hcservices.ecourts.gov.in/hcservices/