Madras High CourtCRL OP/1929/2015dismissed

R.Murali v. The Inspector Of Police

2015-02-12Honourable Mr Justice R.S.Ramanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P. No.1929 of 2015 R.Murali ... Petitioner vs.

The State rep.by the Inspector of Police, Mangadu Police Station, Kancheepuram District. ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a direction to the respondent to register the case on the complaint dated 7.1.2015 on the file of the Inspector of Police, Mangadu Police Station, Kancheepuram District in C.S.R.No.61 of 2015 and take appropriate action against the alleged accused persons in the complaint. For Petitioner : Mr.A.Arunkumar For Respondent : Mr.M.Maharaja, Addl.Public Prosecutor

O R D E R

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

2. It is submitted by the learned Additional Public Prosecutor that one Mani against whom a complaint was given by the petitioner has filed a suit in O.S.No.11 of 2015 on the file of the District Court, Kancheepuram for specific performance arraying the petitioner and others as defendants.

3. It is submitted by the learned counsel for the petitioner that though the agreement of sale was entered into, possession was not handed over and price has also gone up and therefore, the said Mani took forcible possession of the property. https://hcservices.ecourts.gov.in/hcservices/

4. According to me, the said Mani has also filed a suit for specific performance and he has stated therein that a sum of 26,00,000/- was paid against the total sale consideration of Rs.30,00,000/-, whereas the petitioner has stated in his complaint that he received Rs.5,00,000/- only from him. Therefore, it is for the petitioner to work out his remedy in the suit filed against him. Hence, the petition is dismissed.

asvm -s/d- Assistant Registrar(CO) Dt:2/3/2015 True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Mangadu Police Station, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.A.Arunkumar, Advocate SR 7699 ggk(co) prk11/3 CRL.O.P. No.1929 of 2015 https://hcservices.ecourts.gov.in/hcservices/