← Library
Madras High CourtCRL OP/22078/2018disposed of

Z.Abid Ahsan, Aged 47 Years, v. The Commissioner Of Police,

2018-09-12Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.09.2018

CORAM:

The Hon'ble Mr.Justice P.RAJAMANICKAM CRL.O.P.No.22078 of 2018 Z.Abid Ahsan ..Petitioner Vs.

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police E1 Mylapore Police Station, Mylapore, Chennai - 600 004.

..Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent, Inspector of Police, E1 Mylapore Police Station, to register the case based upon his complaint dated 30.07.2018 and to take appropriate action against the accused persons in accordance with law.

For Petitioner : Mr.M.Babu Muthu Meeran For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register a case, based on the complaint given by the petitioner dated 30.07.2018.

2. The learned counsel for the petitioner has submitted that based on the false promise given by the accused persons, the petitioner gave a sum of Rs.1,33,00,000/- for investing the same in real estate business and subsequently, the accused persons did not repay the amount. Hence, the petitioner has lodged a complaint on 30.07.2018, but, so far no action has been taken.

3. The learned Additional Public Prosecutor has submitted that after receipt of the complaint CSR No.541 of 2018 dated 16.08.2018 has been issued and the said complaint is still pending for enquiry.

4. Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then, he has to https://hcservices.ecourts.gov.in/hcservices/

register the case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, then, he has to direct the petitioner to approach the Civil Court and get appropriate order in accordance with law.

5. With aforesaid directions, this Criminal Original Petition is disposed of.

gsi/vv Sd/- Assistant Registrar //True Copy// TO Sub Assistant Registrar

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, E1 Mylapore Police Station, Mylapore, Chennai - 600 004.

3. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.M.Babu Muthu Meeran, Advocate S.R.No.63359 KR/17/10/18 CRL.OP.NO.22078 OF 2018 https://hcservices.ecourts.gov.in/hcservices/