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Madras High CourtCRL OP/24420/2015closed

Sagaya Marson v. The Commissioner Of Police

2015-10-08Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2015

CORAM:

THE HON'BLE MR.JUSTICE S. VAIDYANATHAN Crl.O.P.No.24420 of 2015 Sagaya Marson ..Petitioner /vs/ 1.The Commissioner of Police, Veppery, Chennai.

2.The Sub Inspector of Police, Central Crime Branch Team II Veppery, Chennai 600 007.

..Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the second respondent to register a case on the petitioner's complaint dated 06.03.2015. For Petitioner : Mr.K.G.Senthilkumar For Respondents : Mr. C. Emalias, Additional Public Prosecutor ----

O R D E R

Criminal Original Petition filed to direct the second respondent to register a case on the petitioner's complaint dated 06.03.2015.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The learned Additional Public prosecutor submitted that the complaint given by the petitioner on 06.03.2015 has been taken on file in C.S.Nos.175 and 58 of 2015 and the enquiry has been conducted and the same has been closed on 14.03.2015 as the dispute is relating to civil in nature and also the petitioner has filed a suit for specific performance. He further submitted that the respondent police has advised the petitioner to approach before the civil Court for appropriate remedy. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the said submissions and nature of the allegations, no positive direction can be issued for registering a case and therefore, this petition is closed. The petitioner is directed to workout his remedy in the manner known to law, on basis of the closure report by making a private complaint. The second respondent police is directed to send a copy of the Closure Report to the petitioner within a period of one work from the date of receipt of a copy of this order. ari s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The Commissioner of Police, Veppery, Chennai.

2.The Sub Inspector of Police, Central Crime Branch Team II Veppery, Chennai 600 007.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.K.G.Senthil Kumar, Advocate SR 55033 ak(co) prk19/10 Crl.O.P.No.24420 of 2015 https://hcservices.ecourts.gov.in/hcservices/