K.S.Jan Basha v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.29131 of 2015 K.S.Jan Basha ... Petitioner Vs.

State by:

1. The Commissioner of Police Chennai City Police, Vepery, Chennai 600 007.

2. The Inspector of Police, D-3, Ice House Police Station, Triplicane, Chennai - 600 005.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 2nd respondent to register the case based on the complaint given by the petitioner dated 16.04.2015 and investigate the matter in accordance with law.

For Petitioner : Mr.D.Anbarasan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the second respondent to register the case based on the complaint given by the petitioner dated 16.04.2015 and investigate the matter in accordance with law.

2.The petitioner herein lodged a complaint on 16.04.2015 as against one Dilli Babu, his wife Suguna, daughter Sasi and son in law Dhanraj, but till date no action was taken. Hence, this petition.

3.Today when the matter was taken up for consideration, the learned Additional Public Prosecutor submitted that the dispute between the petitioner and the counter petitioners is only with regard to the recovery of the advance amount paid by the https://hcservices.ecourts.gov.in/hcservices/

petitioner at the time of entering into the tenancy. Therefore, the same will not fall within the purview of the respondent police. Hence, after enquiry, the said complaint was closed. He also produced a copy of the closure report for the perusal of this Court.

4.In view of the submissions made by the learned Additional Public Prosecutor, since already the complaint is closed, now nothing survives in this petition for adjudication and hence, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law.

pri s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police Chennai City Police, Vepery, Chennai 600 007.

2. The Inspector of Police, D-3, Ice House Police Station, Triplicane, Chennai - 600 005.

3. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.D.Anbarasan, Advocate SR 66280 kgk(co) prk28/12 Crl.O.P.No.29131 of 2015 https://hcservices.ecourts.gov.in/hcservices/