S. Vasantharaj v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.26747 of 2015 S.Vasantharaj .. Petitioner Vs

1. The Superintendent of Police, Vellore District.

2. The Deputy Superintendent of Police, The District Crime branch, Vellore, Vellore District.

3. The Inspector of Police, The District Crime branch, Vellore, Vellore District.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 3rd respondent police to register the FIR based on the complaint dated 13.06.2015 given by the petitioner, the Inspector of Police, The District Crime Branch, Vellore, Vellore District. For Petitioner : Mr.S.Deivasigamani For respondent : Mr.C.Emalias, Addl.Public Prosecutor.

O R D E R

The present petition has been filed to direct the 3rd respondent police to register the FIR based on the complaint dated 13.06.2015 given by the petitioner.

2. The petitioner herein submitted that he is a retired teacher, aged about 75 years, and is serving as a Father in the Church. One K.James has approached the petitioner through one Aabel and requested to provide loan to meet the litigation expenses. The said James made so many false statement and collected an amount of Rs.30,00,000/- from the petitioner. When the petitioner asked to return back the money, the said James threatened him. Hence, the present complaint has been lodged.

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3. Learned Additional Public Prosecutor submitted that already on the same set of allegation, earlier, the petitioner has lodged a complaint with the respondent police and the said complaint was enquired into and the same was closed. Again, on 13.06.2015, the present complaint has been lodged.

4. Considering the submission made on either side, this Court is of the opinion that since the earlier complaint filed was enquired into and the same was closed, this Court is not inclined to give a direction to the respondent police to enquire into the matter on the same set of allegation made in the complaint. Hence, the petition is liable to be dismissed. Accordingly, the criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy under section 156(3) Cr.P.C.

vsi Sd/- Assistant Registrar (CCC) /True Copy/ Sub-Assistant Registrar To

1. The Superintendent of Police, Vellore District.

2. The Deputy Superintendent of Police, The District Crime branch, Vellore, Vellore District.

3. The Inspector of Police, The District Crime branch, Vellore, Vellore District.

4. The Public Prosecutor, High Court, Madras.

+1 C.C. To MR.S.Deivasigamani, Advocate in SR.NO.62586 Crl.O.P.No.26747 of 2015 TM(CO) sd : 07/12/2015 https://hcservices.ecourts.gov.in/hcservices/