Madras High CourtCRL OP/16194/2016closed

N. Vinoth, Age 31 Years, v. The Inspector Of Police(Crime)

2016-08-29Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.16194 of 2016 N.Vinoth ... Petitioner Vs The Inspector of Police, K-1, Sembium Police Station, Chennai.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent Police to register the complaint preferred by the petitioner on 19.06.2015 in CSR.No.217 of 2015 before the respondent Police. For Petitioner : Mr.P.Parthipan For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent to register the petitioner's complaint dated 19.06.2015 in CSR.No.217 of 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 the case of the petitioner that he paid Rs.3,50,000/- to M/s.J.J. Land Promoters & Builders Pvt. Ltd. as advance for the purchase of a plot and that the said Company neither transferred the plot nor returned the money. In this regard, the petitioner lodged a complaint dated 19.06.2015, in which, petition enquiry was conducted in CSR.No.217 of 2015. Even in the complaint, the petitioner has stated that out of Rs.3,50,000/-, the said Company has returned Rs.1Lakh and a sum of Rs.2.5Lakhs is due.

4. During the course of Police enquiry, learned counsel for the petitioner fairly submitted that the said Company had returned Rs.1.5Lakhs and only a sum of Rs.1Lakh is due. The https://hcservices.ecourts.gov.in/hcservices/

Police have closed CSR.No.217 of 2015 on 06.02.2016, on the ground that the transaction is purely civil in nature.

5. This Court is not satisfied with the closure report. Under such circumstances, the respondent is directed to re-open the enquiry in CSR.No.217 of 2015, conduct further enquiry and take steps in accordance with law.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, K-1, Sembium Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Parthipan, Advocate sr.48705 CRL.OP.No.16194 of 2016 pur[co] srg 19/09/2016 https://hcservices.ecourts.gov.in/hcservices/