V.Gopal Raja v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22537 of 2018 V.Gopal Raja

...Petitioner

Vs.

1.The Superintendent of Police, Vellore, Vellore District.

2.The Inspector of Police, Sathuvachari Police Station, Vellore District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the case based on the complaint dated 13.08.2018 and investigate the same and file the final report within stipulated period.

For Petitioner :Mr.M.Sathish Kumar For Respondents :M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to register a case based on the complaint given by the petitioner dated 13.08.2018.

2.The learned counsel for the petitioner has submitted that the proposed accused has entered into a sale agreement with the petitioner by saying that he is the owner of certain property and received a sum of Rs.3,00,000/-. But subsequently, the petitioner came to know that the proposed accused is not the owner of the said property, and hence he demanded to repay the said amount. But, he criminally intimidated the petitioner and also abused him and hence, the petitioner has lodged a complaint before the second respondent on 13.08.2018, but, so far, no action has been taken.

3.The learned Public Prosecutor has submitted that the complaint is still pending 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 to get appropriate relief in accordance with law.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vji/vsa To 1.The Superintendent of Police, Vellore, Vellore District.

2.The Inspector of Police, Sathuvachari Police Station, Vellore District.

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

+1cc to Mr.M.Sathishkumar, Advocate, S.R.No.65936 CRL.O.P.No.22537 of 2018 rrs 30/10/2018 https://hcservices.ecourts.gov.in/hcservices/