Rangasamy v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1632 of 2016 Rangasamy .. Petitioner .Vs.

1.The State Rep. by Rep.by the Deputy Commissioner of Police, Crime Branch, Coimbatore City, Coimbatore.

2.The Inspector of Police, B-5, Singanallur Police Station (Crime), Coimbatore District.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C.to direct the respondents to register the complaint of the petitioner dated 19.03.2015 to take action in accordance with law.

For petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.C.Emalias Addl.Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed to direct the respondent to register the complaint dated 19.03.2015 to take action in accordance with law.

2. The petitioner herein has lodged a complaint as against one Sathya and her husband stating that the said Sathya borrowed a sum of Rs.4,00,000/- from the petitioner on 22.05.2013. She failed to repay the money to the petitioner, when the petitioner asked for repayment of the said amount, the above said persons had threatened the petitioner and his family members. Hence, the petitioner lodged a complaint with the respondent police. Though C.S.R.No.316 of 2015 has been assigned on the complaint of the petitioner, no action has been taken on the said complaint. Hence the petitioner has come forward with the present criminal original petition.

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4. I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent.

5. The learned Additional Public Prosecutor submitted that the allegation made in the complaint would show that there was a money dispute between the parties and no cognizable offence is made out in the complaint. However, the respondent has assigned C.S.R.316 of 2015 on the said complaint and the matter is pending for enquiry.

6. In view of the submissions made on either side, this Court directs this Court directs the respondent Police to conduct enquiry on the complaint given by the petitioner dated 19.03.2015 in C.S.R.No.316/2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible. if no prima facie case is made out for registering the FIR, the respondent is directed to pass an appropriate order on the said complaint.

6. The Criminal Original Petition is disposed of . Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kkd To 1.The Deputy Commissioner of Police, Crime Branch, Coimbatore City, Coimbatore.

2.The Inspector of Police, B-5, Singanallur Police Station (Crime), Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.P.Saravana Sowmiyan, Advocate, sr.5359 Crl.O.P.No.1632 of 2016 ppa co, kra 26.02.2016 https://hcservices.ecourts.gov.in/hcservices/