K.Ramesh, v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.26089 of 2015 & M.P.No.1 of 2015 K.Ramesh ... Petitioner .Vs.

1. The State represented by The Commissioner of Police Salem City

2. The State represented by The Inspector of Police Central Crime Branch Salem ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register a case on the complaint given by the petitioner dated 25.06.2015.

For Petitioner : Mr.C.Ramkumar 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 25.06.2015.

2. The petitioner submits that one Kirubakaran informed the petitioner that an extent of 10,000 sq.ft land is available at Kannakurichi Main Road and if a sum of Rs.21 lakhs is paid, 2500 sq.ft of land will be registered in his name. Believing his words, the petitioner has also paid Rs.21 lakhs. But, after receiving the amount, the counter petitioner absconded for some time and finally the petitioner caught him and demanded for money. But the said Kirubakaran instead of returning the amount, threatened the petitioner. Hence, the petitioner lodged a complaint on 25.06.2015. Since no action was taken till date, the petitioner came forward to file this petition.

3. Today when the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that on the complaint lodged by the petitioner, the counter petitioner was called for enquiry and the counter petitioner has given an undertaking to the effect that he would return the amount within a period of seven months, but the seven months period has not expired so far. Hence, he sought for the dismissal of the petition.

4. Since the counter petitioner has given assurance to repay the amount within a period of seven months, at this juncture, this Court cannot give a direction to register the complaint. Hence, the petition is dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gpa To

1. The Commissioner of Police Salem City

2. The Inspector of Police Central Crime Branch Salem

3. The Public Prosecutor Madras High Court Chennai +1cc to Mr.A.Thiyagarajan, Advocate, S.R.No.61146 Crl.O.P.No.26089 of 2015 AR IV CA(25/11/2015)