Madras High CourtCRL OP/22228/2018disposed of

V.Vijay, v. The Station House Officer,

2018-09-17Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22228 of 2018 V.Vijay

...Petitioner

vs.

The Station House Officer, Mudaliarpet Police Station, Mudaliarpet, Pondicherry - 605 004.

... Respondent.

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to investigate and register FIR based on the complaint dated 07.03.2017 given by the petitioner.

For Petitioner :Mr.R.Sreedhar For Respondent :Ms.S.Devi, Government Advocate (Pondicherry)

O R D E R

This petition has been filed to direct the respondent to register a case based on the complaint given by the petitioner dated 07.03.2017.

2. The learned counsel for the petitioner has submitted that the accused had misappropriated a sum of Rs.10,00,000/- and hence, a complaint was lodged before the respondent on 07.03.2017 and during enquiry, the accused appeared and he has also admitted that he is also liable to pay a sum of Rs.10,00,000/- and hence a cognizable offence is made out. But the respondent has closed the said complaint by saying no cognizable offence is made out. He further submitted that since cognizable offence is made out, the respondent may be directed to register a case.

3. The learned Additional Public Prosecutor has submitted that since already complaint was closed, this petition is not maintainable.

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4. Considering the aforesaid submissions, since already the respondent has closed the petitioner's complaint as it does not disclose any cognizable offence, this petition is dismissed. It is open to the petitioner to avail any other remedy which is available under the law.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vsa To 1.The Station House Officer, Mudaliarpet Police Station, Mudaliarpet, Pondicherry - 605 004.

2.The Public Prosecutor, Madras High Court, Chennai.

CRL.O.P.No.22228 of 2018 GN(23/10/2018) https://hcservices.ecourts.gov.in/hcservices/