Madras High CourtCRL OP/22487/2018disposed of

Kalaiyarasu, Aged About 54 v. State By,

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.22487 of 2018 Kalaiyarasu

...Petitioner

Vs.

State by The Inspector of Police, Thiru VI.KA.Nagar Police Station, Pulianthope (crime), (C.S.R.No.743/201/)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the F.I.R. on the complaint given by the petitioner dated 04.09.2018 in C.S.R.No.743 of 2018 on the file of the respondent and to investigate on the complaint of the petitioner and to file the charge sheet within stipulated time as fixed by this Court in the manner known to law.

For Petitioner : M/s.G.Murugendran 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 04.09.2018.

2. The learned counsel for the petitioner has submitted that, the petitioner is a President of Kumaran Nagar Welfare Association, Peravallur, Chennai - 600 082. He further submitted that, the proposed accused has created false documents with regard to the property belonging to the petitioner's association and obtained the loan of Rs.25 lakhs from the bank and hence the petitioner has lodged a complaint before the second respondent on 04.09.2018, 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 second respondent for enquiry.

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4. Considering the aforesaid submissions, the second 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 second 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/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Thiru VI.KA.Nagar Police Station, Pulianthope (crime).

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

+1cc to M/s.G.Murugendran, Advocate S.R.No.65548 KR/26/10/18 CRL.O.P.No.22487 of 2018 https://hcservices.ecourts.gov.in/hcservices/