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Madras High CourtCRL OP/29597/2015disposed of

Mohammed Sabi v. State By

2015-12-15Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29597 of 2015 Mohammed Sabi ... Petitioner Vs State by Inspector of Police(Crimes) B-13, Podhanur Police Station, Podhanur, Coimbatore ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent police to register a case on the basis of the complaint given by the petitioner dated 01.12.2015 against the above said persons named in the complaint and investigate into the matter and submit a report to the Court.

For Petitioner :

Mr.B.Nambiselvan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the respondent to register a case based on the complaint given by the petitioner dated 01.12.2015.

2.

The petitioner herein lodged a complaint against one Rabik Musa, Vinoth Anand, Vinoth Kumar and Senthil Kumar on the allegation that under the guise of providing loan to him, they took his BMW and BENZ cars along with RC book and two cheques. But neither the loan was provided to the petitioner nor his cars were returned. Though the complaint has been received by the respondent police and CSR.No.610 of 2015 has been assigned, till date no action has been taken. Hence, the present criminal original petition has been filed.

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

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4. The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.610 of 2015 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made on either side, this Court directs the respondent to conduct enquiry on the complaint given by the petitioner dated 01.12.2015 in C.S.R.No.610 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out the respondent is directed to pass an appropriate order on the complaint of the petitioner.

6. This criminal original petition is disposed of accordingly.

Sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR srn To

1. The Inspector of Police(Crimes) B-13, Podhanur Police Station, Podhanur, Coimbatore

2. The Public Prosecutor, High Court, Madras.

+1 CC to MR.B.Nambiselvan Advocate. SR.NO. 67380 Crl.O.P.No.29597 of 2015 AR-II JD 18/12/2015 https://hcservices.ecourts.gov.in/hcservices/