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Madras High CourtCRL OP/26386/2015disposed of

Mrs. Shopa Varma v. The Superintendent Of Police

2015-11-16Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.26386 of 2015 Mrs.Shopa Varma ... Petitioner Vs., 1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, Sipcot Police Station, Sipcot, Ranipet, Vellore District.

... Respondents Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents to register a case on the basis of the complaint dated 25.09.2015 given by the petitioner before the 2nd respondent and to file a final report within a stipulated period.

For Petitioner : Mr.M.Duraimurugan For Respondents : Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed by the petitioner praying to direct the respondent-Police to register a case on the basis of the petitioner's complaint dated 04.09.2015 and to investigate and file a final report, in accordance with law.

2.It in the affidavit filed in support of this petition, it has been stated by the petitioner that she is a retired teacher. While she was working in BHEL D.A.V School, the counter party Mrs.Prathiba, who has been working in the same school, borrowed hand loan from the petitioner on several occasions, to the tune of Rs.10,80,000/-. When the petitioner demanded repayment of the said loan amount, she refused to repay the said amount. While so, the petitioner received legal notice from the said Prathiba, stating as if she had borrowed loan from the petitioner only a sum of Rs.3 lakhs and the said amount was also paid by her. Hence, the petitioner lodged a complaint with the 2nd respondent-Police, which was https://hcservices.ecourts.gov.in/hcservices/

received in C.S.R.No.330 of 2015. Since no action was taken by the respondents-Police, the petitioner has come forward with the present petition before this Court.

3.Heard both sides. The learned Additional Public Prosecutor submitted that the matter appears to be civil in nature.

4.Irrespective of the submission made on either side, since the petitioner's complaint has been received in C.S.R.No.330 of 2015, this Court directs the 2nd respondentPolice to conduct an enquiry in C.S.R.No.330 of 2015 and dispose of the same in accordance with law, as early as possible.

With the above direction, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssv Copy to_ 1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, Sipcot Police Station, Sipcot, Ranipet, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M. Duraimurugan, Advocate SR.62229 Crl.O.P.No.26386 of 2015 SVI(CO) EU 15.12.15 https://hcservices.ecourts.gov.in/hcservices/