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Madras High CourtCRL OP/22112/2015dismissed

B.Suresh Kumar v. The Commissioner Of Police

2015-11-18Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.22112 of 2015 B.Suresh Kumar ... Petitioner Vs 1.The Commissioner of Police, Coimbatore City, Coimbatore District.

2.The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 2nd respondent police to register the petitioner's complaint dated 20.08.2014.

For Petitioner : Mr.M.V.Muralidaran For Respondents : Mr.C.Emalias, APP

O R D E R

The present criminal original petition has been filed seeking a direction to the 2nd respondent to register the petitioner's complaint dated 20.08.2014

2. The petitioner lodged a complaint against Durairaj for alleged offences under Section 406, 420 and 506[ii] IPC. But, till date, no action has been taken on the said complaint. Hence, the present criminal original petition has been filed.

3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that on the complaint dated 20.08.2014 given by the petitioner, an enquiry was conducted and the same was closed on 17.12.2013 and further submitted that, since the complaint has already been closed, there is no need for any specific direction.

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

4. During the course of enquiry, the counter petitioner Durairaj has accepted to return the amount and submitted an undertaking letter on 17.12.2013 before the 2nd respondent. Subsequently, he has not returned the amount and hence, the petitioner again lodge a complaint on 20.08.2014.

5. In the considered opinion of this Court, the dispute is civil in nature and the prayer sought for by the petitioner cannot be granted. Hence, the present criminal original petition is dismissed. However, the petitioner is at liberty to approach the Civil Court.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To 1.The Commissioner of Police, Coimbatore City, Coimbatore District.

2.The Inspector of Police, Mettupalayam Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

Crl.OP.No.22112 of 2015 AR-II EU 25.11.15 https://hcservices.ecourts.gov.in/hcservices/