Madras High CourtCRL OP/22430/2018disposed of

S.Nandakumar, Aged 51 Years, v. The State Of Tamilnadu,

2018-09-19Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22430 of 2018 S.Nandakumar

...Petitioner

Vs.

The State of Tamilnadu, Represented by The Inspector of Police, Ponneri Police Station, Thiruvallur District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to register the FIR based on the complaint dated 30.07.2018 submitted by the petitioner herein to the respondent police in CSR No.222 of 2018 and proceed with the investigations and file a final report.

For Petitioner :M/s.N.Krishnamurthy For Respondent :M/s.M.Prabhavathi Additional Public Prosecutor

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 30.07.2018 .

2. The learned counsel for the petitioner has submitted that the petitioner was an owner of 5.22 acres of land at Ponneri Taluk. He further submitted that the proposed accused brought one Sankar and the petitioner has sold his property to the said Sankar for a sum of Rs.88 lakhs, but the said proposed accused has received the said amount from the said Sankar, thereafter, he did not repay the said amount to the petitioner. Hence the petitioner has lodged a complaint before the respondent on 30.07.2018, but so far no action has been taken. 3.The learned Additional Public Prosecutor has submitted that the said complaint is still pending before the respondent for enquiry.

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4. Considering the aforesaid submissions, the respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with law. In case, the enquiry reveals only a civil dispute, the respondent has to direct the petitioner to approach the appropriate forum and get appropriate relief in accordance with law.

5. With the aforesaid directions, this Criminal Original Petition is disposed of.

gsp Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Ponneri Police Station, Thiruvallur District.

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

+2ccs to M/s.N.Krishnamurthy, Advocate S.R.No.65567 KR/29/10/18 CRL.O.P.No.22430 of 2018 https://hcservices.ecourts.gov.in/hcservices/