Lakshmi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH CRL.OP.No.30047/2015 Lakshmi ..Petitioner

Versus

1.The Superintendent of Police Tiruvallur, Tiruvallur District.

2.The Deputy Superintendent of Police Tirutani Cricle, Tirutani, Tiruvallur District. 3.The Inspector of Police Tirutani Town Police Station Tirutani, Tiruvallur District.

..

Respondents Criminal Original Petition filed under section 482 Cr.P.C., directing the respondents police to register the complaint dated 23.10.2015 given by the petitioner against Mr.S.Sekar and his wife Mrs.Reka.

For Petitioner :

Dr.G.Krishnamoorthy For Respondents :

Mr.C.Emalias, APP

ORDER

The petitioner has been conducting chits with minimum twenty subscribers for quite some time. It is averred in the complaint that one Mr.Sekar and his wife who were neighbours of the petitioner also joined in the chit, conducted by the petitioner. They borrowed a sum of Rs.5,00,000/- from the petitioner and when the same was demanded, they threatened the petitioner with dire consequences. Hence, a complaint had been lodged by the petitioner. Since the same has not been taken into file till date, the petitioner is before this Court.

2. Learned Additional Public Prosecutor submits that the dispute between the parties appears to be only with regard to recovery of money and thus, he opposed for giving direction to the respondent for registering the complaint. https://hcservices.ecourts.gov.in/hcservices/

3. However, learned counsel for the petitioner would contend that in the complaint a specific allegation of threat has been made and hence, sought for a suitable direction.

4. In view of the submissions made on either side, the respondent is hereby directed to conduct enquiry on the complaint and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible. In the course of enquiry, if no prima facie is made out or the matter is civil in nature, he is directed to pass appropriate orders on the complaint made by the petitioner.

5. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police Tiruvallur, Tiruvallur District.

2.The Deputy Superintendent of Police Tirutani Cricle, Tirutani, Tiruvallur District. 3.The Inspector of Police Tirutani Town Police Station Tirutani, Tiruvallur District.

4.The Public Prosecutor High Court, Madras.

+1cc to Mr.G.Krishnamoorthy, Advocate, S.R.No.68547 Crl.OP.No.30047/2015 ala(CO) srg(12/01/2016) https://hcservices.ecourts.gov.in/hcservices/