S. Sivaraj v. The Deputy Superintendent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.27162 of 2015 S.Sivaraj .. Petitioner Vs.

1. The Deputy Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Town Police Station, West Street, Chidambaram, Cuddalore District.

3. A.S.Nazar Basha (The third respondent is impleaded as per the order of this court dated 28.1.2016 made in Crl.M.P.No.504 of 2016, dt.28.1.2016.) .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to register the FIR as per the complaint of the petitioner dated 22.08.2015 and investigate the same in accordance with law.

For Petitioner : Mr.T.C.S.Raja Chockalingam For Respondents 1 & 2 :Mr.C.Emalias Addl. Public Prosecutor R3 Served NA

O R D E R

The petitioner has come forward with this petition for a direction to the second respondent to register the FIR on the basis of the complaint given by him on 22.08.2015 stating that he parted Rs.1,80,00,000/- for obtaining post graduate medical https://hcservices.ecourts.gov.in/hcservices/

seat in a private college. But he has not got the same. The proposed accused undertook to hand over Rs.1,25,00,000/- to the petitioner. But he has not complied with his promise. Hence, he has given a complaint before the second respondent. But, the second respondent neither enquired the complaint nor registered the case. Hence, he has come forward with this petition for direction to the respondent to register a case based on the complaint given by the petitioner.

2. The learned Additional Public Prosecutor conceded that the alleged occurrence has taken place at Chennai, but the petitioner has given complaint in Chidambaram, before the second respondent. Hence the petitioner has to give complaint before the Jurisdictional police, where the occurrence is alleged to have taken place.

3. In such circumstances, I find no merits in this petition and it deserves to be dismissed.

4. Hence, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to file the complaint before the appropriate authority.

-s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar vrc To

1. The Deputy Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Town Police Station, West Street, Chidambaram, Cuddalore District.

3. The Public Prosecutor High Court, Chennai.

+2 ccs to Mr.T.C.S.Raja Chockalingam Advocate sr.7587 Crl.O.P.No.27162 of 2015 aa11/02/2016 https://hcservices.ecourts.gov.in/hcservices/