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Madras High CourtCRL OP/16956/2016closed

Jasmine v. The Inspector Of Police

2016-08-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.16956 of 2016 Jasmine ..Petitioner Vs State rep by The Inspector of Police Vadapalani Police Station Chennai.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register a case on the basis of complaint dated 30.06.2016, investigate and file a final report u/s 173 Cr.P.C.

For Petitioner :

Mr.Ramesh Kumar Chopra For Respondent :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to register a case on the basis of complaint dated 30.06.2016, investigate and file a final report u/s 173 Cr.P.C.

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

It is seen that the petitioner is a tenant under the opposite party and that the opposite party had mortgaged the property with the Bank and defaulted in making payments. Now the Bank has taken possession of the flat and the petitioner is demanding return of his advance from the landlord. In a case of this nature, no positive direction can be issued to register an FIR.

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Accordingly, this petition is closed with liberty to the petitioner to work out his remedy in the manner known to law. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar gms To 1.The Inspector of Police Vadapalani Police Station Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Ramesh kumar Chopra Advocate sr 45507 Crl.OP No.16956 of 2016 aa29/08/2016 https://hcservices.ecourts.gov.in/hcservices/