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Madras High CourtCRL OP/17356/2016closed

R.Kumar, Age 36 Years, v. State Rep. By Inspector Of

2016-08-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.17356 of 2016 R.Kumar

...Petitioner

Vs.

The Inspector of Police, Crime, T-14, Mangadu Police Station, Chennai.

...Respondent

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to issue suitable direction or order in the nature of direction direting the respondent to register a case based on the complaint lodged by the petitioner dated 21.06.2016 before the respondents and investigate the same according to law.

For Petitioner : Mr.C.V.Kumar For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to issue suitable direction or order in the nature of direction directing the respondent to register a case based on the complaint lodged by the petitioner dated 21.06.2016 before the respondents and investigate the same according to law.

2. Heard the learned counsel for the petitioner, learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. When the matter is taken up for hearing, learned Additional Public Prosecutor submitted that the complaint dated 21.06.2016 given by the petitioner, petition enquiry was conducted in CSR No.834 of 2016 and the same has been closed on 30.06.2016, on the ground that the opposite party had agreed to repay the amount of Rs.10 Lakhs before 10.07.2016 and the balance amount in installments.

4. Mr.C.V.Kumar, learned counsel appearing for the petitioner submitted that the opposite party had not returned the amount as undertaken. Apart from that, on reading of the https://hcservices.ecourts.gov.in/hcservices/

complaint, it appears that the same property has been sold twice by the opposite party and there is an element of cheating in the complaint.

5. Under such circumstances, the respondent police is directed to reopen the enquiry in CSR No.834 of 2016 and take action in accordance with law.

With the above direction, this petition is closed. mk/gya Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Inspector of Police, Crime, T-14, Mangadu Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.V.Kumar, Advocate sr 46573 KR/2/9/16 CRL.OP.No.17356 of 2016 https://hcservices.ecourts.gov.in/hcservices/