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Madras High CourtCRL OP/10357/2022dismissed

S. Pushparaj v. The Superintendent Of Police

2022-06-08Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 8/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.10357 of 2022 S. Pushparaj

...Petitioner

Vs 1.The Superintendent of Police Cuddalore District.

2.The Inspector of Police Oomangalam Viruthachalam Taluk Cuddalore District.

3.T. Dhanarangan

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the second respondent to register a case on the basis of the complaint dated 18/9/2020, pending on the file of the second respondent to take action in accordance with law. For Petitioner ...

Ms.R.Pushpalatha For Respondents ...

Mr.A.Gokulakrishnan Additional Public Prosecutor for R.R.1 and 2.

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to register a case, on the basis of the petitioner's complaint, dated 18/9/2020.

2. Heard Ms.R.Pushpalatha, learned counsel for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents 1 and 2.

3. The grievance of the petitioner is that having entered an agreement for sale, private respondent has not honoured the agreement and breached the contract.

https://hcservices.ecourts.gov.in/hcservices/

4. When such being the position, remedy lies elsewhere and not before this Court. Without exhausting the remedy available, under Section 154 (3) of the Code of Criminal Procedure, the petitioner has approached this Court, to direct the second respondent to register a case, which is not sustainable.

5. Accordingly, this Criminal Original Petition is dismissed. It is open to the petitioner to take appropriate action as per law.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar mvs.

To 1.The Superintendent of Police Cuddalore District.

2.The Inspector of Police Oomangalam Viruthachalam Taluk Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Pushpalatha, Advocate SR. No. 33372 Crl. O.P. No. 10357 of 2022 PMK (CO) PR (20/06/2022) https://hcservices.ecourts.gov.in/hcservices/