S.Paneerselvam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20364 of 2015 S.Paneerselvam ... Petitioner Vs State by The Inspector of Police, Barukoor Police Station, Barukoor, Krishnagiri District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent herein to register a case on the basis of the petitioner's complaint dated 22.07.2015 and proceed with investigation in accordance with law.

For Petitioner : Mr.R.Marudhachalamurthy For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent to register the case on the petitioner's complaint dated 22.07.2015.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. It is seen that the petitioner had lodged a complaint dated 26.05.2015 in respect of which, a petition enquiry is pending in CSR.No.125 of 2015. The respondent police is directed to conduct an enquiry in CSR.No.125 of 2015 expeditiously and take action in accordance with law. As regards the present prayer, the petitioner is seeking for a direction to the respondent police to register a case on the complaint dated 22.07.2015.

4. On a reading of the complaint dated 22.07.2015, it is seen that the petitioner's brother Kanagaraj has lodged a complaint against the petitioner on 18.07.2015 before the Inspector of Police, Muthebihal Nagar Police Station, Karnataka. In the present complaint dated 22.07.2015, the petitioner has stated that his brother Kanagaraj has given a false complaint before the said Police Station and that should be enquired into by the respondent police. https://hcservices.ecourts.gov.in/hcservices/

5. In the considered opinion of this Court, the complaint dated 22.07.2015 does not disclose the commission of cognizable offence for the police to investigate. If there is any money dispute between the petitioner and his brother Kanagaraj and that should have to be settled only through the Civil Court and not through the police. With the above observation, this petition is closed, with liberty to the petitioner to workout his remedy in the manner known to law. gya s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Barukoor Police Station, Barukoor, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.R.Marudhachalamurthy, Advocate SR 42617 gp(co) prk27/8 CRL.OP.No.20364 of 2015 https://hcservices.ecourts.gov.in/hcservices/