Madras High CourtCRL OP/28722/2015disposed of

S. Meenakshi v. The Inspector Of Police

2015-11-30Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28722 of 2015 S.Meenakshi ... Petitioner Vs The Inspector of Police, Zam Bazaar Police Station(crime), Chennai 600 014.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to respondent to register the complaint given by the petitioner on 11.09.2015 before them. For Petitioner : Mr.K.Subash For Respondent : Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent Police to register a case based on the complaint given by the petitioner dated 11.09.2015. 2.It is seen that the petitioner had approached one M/s Amma Travels having office at No.177/22, V.R.Pillai Street, Triplicane, Chennai 600 005, which is running by its Proprietor Mr.Pandian, to buy a new Chaverelet Enjoy Car and she had paid a sum of Rs. 1,38,000/- as advance to its Proprietor Pandian. After receiving the amount, the Proprietor Pandian gave acknowledgement stating that he would to deliver the vehicle within 40 days. On several occasions, the petitioner had approached the said Pandian for delivery of vehicle, but, he has not responded to her properly. Thereafter on 11.09.

2015 when the petitioner had approached the said Pandian to repay the money, he assaulted the petitioner and threatened her with dire consequences. Hence, the petitioner lodged a complaint before the respondent police and C.S.R.No.1155 of 2015 has been assigned by the respondent police. Thereafter, no action has been taken sofar. Hence, this petitioner has filed the present criminal original petition.

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3.I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4.The learned Additional Public Prosecutor submitted that based on the complaint of the petitioner dated 11.09.2015, CSR Number 1155/2015 has been assigned and the respondent is preferred to conduct enquiry on the complaint given by the petitioner.

5. In view of the submissions made on either side, this Court directs the respondent police to conduct enquiry on the complaint of the petitioner dated 11.09.2015 in CSR No.1155 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible and if no prima facie case has been made out, the respondent is at liberty to pass appropriate order on the complaint given by the petitioner.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Inspector of Police, Zam Bazaar Police Station(crime), Chennai 600 014.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.28722 of 2015 msm[co] srg 21/12/2015 https://hcservices.ecourts.gov.in/hcservices/