P.Athiyappan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.23058 of 2015 P.Athiyappan ... Petitioner Vs 1.The State rep by The Superintendent of Police, O/o.The District Superintendent of Police, Salem, Salem District.

2.The State rep by The Inspector of Police, O/o.The District Crime Branch, Salem.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to register a case and take necessary action against the counter parties on the complaint dated 12.08.2015 vide D.No.283/15 DCB, Salem dated 13.8.2015. For Petitioner : Mr.S.Ambigapathi For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to register the petitioner's complaint dated 12.08.2015.

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

3. It is seen that the opposite party has received money as loan from the petitioner, on the promise that he will repay the amount after getting refund of money from the Court. The complaint essentially appears to be a civil dispute. It is also seen that the opposite party has executed a Letter of Undertaking dated 29.06.2015. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, no positive direction can be issued to the police to register FIR and therefore, this petition is closed, with liberty to the petitioner to workout his remedy, in the manner known to law.

gya Sd/- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.The Superintendent of Police, O/o.The District Superintendent of Police, Salem, Salem District.

2.The Inspector of Police, O/o.The District Crime Branch, Salem.

3.The Public Prosecutor, High Court, Madras.

kk(co) prk30/9 CRL.OP.No.23058 of 2015 https://hcservices.ecourts.gov.in/hcservices/