Raja v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28389 of 2015 Raja .. Petitioner Vs The State, represented by The Inspector of Police, (Crime), Namakkal Police Station, Namakkal District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction directing the respondent to register the complaint dated 24.09.2015 given to the respondent police and investigate the same.

For Petitioner : Mr.R.Amardeep For Respondent : Mr.C. Emalias Addl. Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to register the complaint dated 24.09.2015 given to the respondent police and investigate the same.

2. In the petition, it is stated that the petitioner is one among the 18 partners of a Finance company viz., Om Raja Murugan Capital Investment.

Whileso, one Saravanakumar, who is the Executive Partner of the above said Finance Company along with his wife Tamilarasi has received Rs.8,30,000/- from him in four instalments and thereafter defrauded him by failing to repay the said amount and also instigated the third parties to act against the petitioner. When the petitioner demanded the said amount, they have threatened him with dire consequences. Hence, he lodged a complaint against the above said persons on 24.09.2015 before the respondent police, and upon receipt https://hcservices.ecourts.gov.in/hcservices/

of said complaint, though C.S.R.No.831 of 2015 has been assigned, till date, no action was taken by the respondent police. Hence this petition.

3. Learned Additional Public Prosecutor submitted that the matter appears to be purely civil in nature and in order to give criminal colour, the allegation of being threatened was introduced in the complaint, thus he opposed for granting direction.

4 From the facts and circumstances of the case, I find that the complaint lodged by the petitioner has been assigned CSR Number as C.S.R.No.831 of 2015. Hence, irrespective of the submissions made on both sides, I direct the 1st respondent to conduct enquiry in C.S.R.No.831 of 2015 only with regard to the allegation of being threatened and dispose of the same on merits and in accordance with law, as early as possible.

5. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar msr To 1.The Inspector of Police, (Crime), Namakkal Police Station, Namakkal District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Amardeep, Advocate, sr.64063 Crl.O.P.No.28389 of 2015 svi co kra 16.12.2015 https://hcservices.ecourts.gov.in/hcservices/