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Madras High CourtCRL OP/17840/2016closed

S.Premavathy v. The Inspector Of Police

2016-08-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.17840 of 2016 S.Premavathy ..Petitioner Vs The Inspector of Police Guduvancheri Police Station Chengalpet Taluk Kancheepuram District.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register a case on the basis of the complaint dated 22.07.2016 lodged by the petitioner in the light of the ratio laid down by the Supreme Court in Lalitha Kumari vs. Government of Uttar Pradesh and others [2013(4) Crimes 243 (SC)] and to proceed further in accordance with law. For Petitioner : Mr.K.S.Guruprasadh For Respondent : Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to register a case on the basis of the complaint dated 22.07.2016 lodged by the petitioner in the light of the ratio laid down by the Supreme Court in Lalitha Kumari vs. Government of Uttar Pradesh and others [2013 (4) Crimes 243 (SC)] and to proceed further in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. On a reading of the complaint dated 22.07.2016, it is seen that this petitioner had borrowed money from the opposite party and it is alleged by the petitioner that she has paid substantial amount to the opposite party, but in spite of it, the opposite party is demanding the entire amount and threatening the petitioner. It is also seen that the opposite party has sent an Advocate notice to the petitioner and this petitioner has also issued a reply notice. Under such https://hcservices.ecourts.gov.in/hcservices/

circumstances, no positive direction can be issued to register an FIR on the complaint dated 22.07.2016.

Hence, this petition is closed with liberty to the petitioner to work out her remedy in the manner known to law. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police Guduvancheri Police Station Chengalpet Taluk Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.K.Girish Neelakantan, Advocate Sr.46600 Crl.OP No.17840 of 2016 ev[co] srg 08/09/2016 https://hcservices.ecourts.gov.in/hcservices/