Sankara Narayanan, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22147 of 2018 Sankara Narayanan ... Petitioner/De-facto Complainant Vs.

1. The Commissioner of Police, Greater Chennai Police,

2. State by, Inspector of Police, Central Crime Branch, Team - V, Chennai. ...Respondents/Complainants PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to issue suitable direction to the second respondent herein viz. The Inspector of Police, Central Crime Branch, Team V, Vepery, Chennai to register the complaint dated 03.09.2018 and file a final report in accordance with law.

For Petitioner : Mr.K.Balu For Respondents : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the second respondent police to register a case based on the complaint given by the petitioner dated 03.09.2018.

2. The learned counsel for the petitioner has submitted that based on the promise given by one Kuppuraj and his son

Krishnamurthyraj, the petitioner entered into a sale agreement for purchasing of 6.82 acres of land. The petitioner has paid totally a sum of Rs.2,94,21,500/-(Rupees Two Crores and Ninety Four Lakhs and Twenty One Thousand Five Hundred Only) on various dates and subsequently the said Kuppuraj and his family members have executed the power of attorney on 29.10.2015 in favour of the petitioner, but they did not come forward to register the same in favour of the petitioner and on the contrary they are trying to sell the property to some other persons and hence, the petitioner has lodged a complaint before the second respondent on 03.09.2018, but so far no action has been taken.

3. The learned Government Advocate (Crl.Side) has submitted that the complaint was lodged before the second respondent only on 03.09.2018 and thereafter, the petitioner was directed to produce the relevant documents, but so far, he has not produced any document and hence the said complaint is still pending for enquiry.

4. Considering the aforesaid submissions, the petitioner is directed to produce the relevant documents before the second respondent and on production of documents, the second respondent is directed to expedite the enquiry. If the enquiry reveals any cognizable offence, he has to register a case and proceed in accordance with law. In case the enquiry reveals only a civil dispute, the petitioner has to be directed to approach the civil court and get appropriate relief. 5.With the aforesaid directions, this petition is disposed of. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar msrm To

1. The Commissioner of Police, Greater Chennai Police,

2. The Inspector of Police, Central Crime Branch, Team - V,

3. The Public Prosecutor High Court of Madras.

+1 cc to Mr.K.Balu, Advocate in SR.No.64027 Crl.O.P.No.22147 of 2018 RSV(CO) CSL/17.10.2018