D.B.C.Enterprises v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28090 of 2015 D.B.C.ENTERPRISES REP. BY M.S.DHARAN HAVING OFFICE AT NO.

115/52 AL-BLOCK 4TH AVENUE (SANTHI COLONY ROAD) ANNANAGAR CHENNAI - 40 ... Petitioner Vs STATE REP. BY THE INSPECTOR OF POLICE K-10 KOYAMBEDU POLICE STATION KOYAMBEDU CHENNAI - 107 ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking to direct the respondent to register the petitioners complaint dated 29.07.2015 and take necessary actions against M/s.Boopathy Travels for the loss of the consignments of Bio Medical Reagents worth about Rs.1, 40, 000/-. For Petitioner :

Mr.A. R.Inbakumar For Respondent :

Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

The present petition has been filed to direct the respondent to register the petitioner's complaint dated 29.07.2015 and take necessary actions against M/s.Boopathy Travels for the loss of the consignments of Bio Medical Reagents worth about Rs.1, 40, 000/-.

2. The case of the petitioner is that the petitioner is running courier business in Chennai and acting as a franchisee for Franch Express Courier. During the course of business, they have taken consignment from Transasia Bio Medical Ltd., Mumbai, having branch office at Porur, Chennai, to transport 10 boxes of Bio Medical Reagents to Tirunelveli Government Medical College Hospital, at Palayankottai, Tirunelveli, vide POD No.100362, dated 14.7.2015. Out of 10 boxes, only 9 boxes were despatched and one box worth about Rs.1,40,000/- was not received. Hence, the petitioner lodged a complaint with M/s.Boopathy Travels about the missing and non delivery of consignment. Inspite of https://hcservices.ecourts.gov.in/hcservices/

repeated requests made by the petitioner, no necessary action was taken for the recovery of the consignment. Hence, the petitioner lodged a complaint before the respondent police on 29.07.2015. Since no action was taken by the respondent till date, the petitioner came forward to file this petition.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

4. After considering the rival submissions and the averment made in the complaint, this Court is of the opinion that absolutely no cognizable offence is made out. Hence, this petition is dismissed.

kua s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To

1. THE INSPECTOR OF POLICE K-10 KOYAMBEDU POLICE STATION KOYAMBEDU CHENNAI - 107.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.A.R.Inbakumar, Advocate SR 63342 kgk(co) prk15/12 Crl.O.P.No.28090 of 2015 https://hcservices.ecourts.gov.in/hcservices/