P.Murthy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.24548 of 2015 P.Murthy .. Petitioner ..vs..

1. The Superintendent of Police Salem

2. The Inspector of Police Vazhapadi Police Station Salem .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register a case based on the complaint given by the petitioner dated 12.09.2015. For Petitioner : Mr.B.Manimaran For Respondents :

Mr.C.Emalias Additional Public Prosecutor *****

O R D E R

The present petition has been filed to direct the respondents to register a case based on the complaint given by the petitioner dated 12.09.2015.

2. The petitioner is doing the business of manufacturing of Silver articles. While so, one of the employees of the company, under the guise of developing the business, received a sum of Rs.5,00,000/- from the petitioner and thereafter, resigned the job and started a new business. When the petitioner demanded return of the said amount, he threatened the petitioner with dire consequences.

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

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4. The learned Additional Public Prosecutor submitted that the dispute is purely civil in nature, but in order to give a criminal colour, it has been averred in the complaint that the petitioner was threatened by his ex-employee.

5. Considering the submission made by the learned Additional Public Prosecutor and the materials available on record, this Court is of the opinion that the allegation made in the complaint could be construed only as a civil dispute. Therefore, this Court is not inclined to give any direction as prayed for. However, the petitioner is at liberty to work out his remedy in the manner known to law, if he so desires. -s/dAssistant Registrar True Copy Sub-Assistant Registrar gpa To

1. The Superintendent of Police Salem

2. The Inspector of Police Vazhapadi Police Station Salem

3. The Public Prosecutor Madras High Court Madras Crl.O.P.No.24548 of 2015 aa24/11/2015 https://hcservices.ecourts.gov.in/hcservices/