Madras High CourtCRL OP/25946/2015disposed of

R. Kumar v. State Rep. By

2015-11-05Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.25946 of 2015 R.Kumar

...Petitioner

Vs State represented by The Inspector of Police, K-10, Koyambedu Police Station, Chennai District.

...Respondent

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to register a First Information Report based on the petitioner's complaint dated 28.8.2015. For Petitioner :

Mr.R.Venkatesh For respondent :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

The present petition has been filed seeking a direction to the respondent to register a First Information Report based on the petitioner's complaint dated 28.8.2015.

2. The petitioner herein lodged a complaint against one Dinesh @ Manoj stating that the petitioner advanced an amount of Rs.25 lakhs to the said Dinesh @ Manoj and when the petitioner asked him for repayment the said amount, the said Dinesh @ Manoj, with the help of henchmen, abused him with filthy language and made an attempt to attack the petitioner. Hence, a complaint was lodged by the petitioner on 28.08.2015. Since no action was taken by the respondent police on the complaint given by the petitioner, he has come forward to file this petition seeking the above said relief.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that the allegation made https://hcservices.ecourts.gov.in/hcservices/

by the petitioner is civil in nature and hence, he opposed this petition.

4. Learned counsel for the petitioner submits that there is a specific allegation that the said Dinesh @ Manoj along with the henchmen made an attempt to attack the petitioner.

5. Considering the factual aspects of the case, without going into the merits of the contentions raised by the petitioner, this Court directs the respondent to conduct an enquiry on the complaint dated 28.08.2015 lodged by the petitioner. If the materials gathered indicates commission of any cognizable offence, the respondent police is directed to proceed further in accordance with law, as early as possible. In the event, during investigation, the respondent police comes to a conclusion that the matter is civil in nature, the respondent police can advice the party to approach the Civil Court.

5. This criminal original petition is disposed of accordingly.

sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR vsi To

1. The Inspector of Police, K-10, Koyambedu Police Station, Chennai District.

2.The Public Prosecutor, High Court, Madras.

+1 CC to MR.R.Venkatesh Advocate. SR.NO. 61506 Crl.O.P.No.25946 of 2015 AR-II JD 23/11/2015 https://hcservices.ecourts.gov.in/hcservices/