Mathew Manoj G v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.14865 of 2021 1.Mathew Manoj G 2.G.Karthikeyan ... Petitioners

Versus

1.State represented by The Deputy Commissioner of Police St.Thomas Mount Chennai 600 016.

2.The Sub-Inspector (Crime) S6 Police Station Shankar Nagar, Pammal Chennai 600 075.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction to the second respondent police to register an FIR vide CSR.No.640/2021 based on the petitioners/defacto complainants' complaint dated 13.01.2021.

For Petitioners: Mr.R.Santhosh Bharathi For Respondents: Mr.A.Damodaran Government Advocate (Crl.Side)

ORDER

This petition has been filed to issue a direction to the second respondent police to register an FIR vide CSR.No.640/2021 based on the petitioners/defacto complainants' complaint dated 13.01.2021.

2. The petitioner had lodged a complaint on 13.01.2021 and CSR.No.640 of 2021 was assigned, however, no action taken. Hence, filed this petition.

3. The contention of the petitioners is that the petitioners along with one Ms.Rachel Pramila were running a https://hcservices.ecourts.gov.in/hcservices/

hotel in "Veetu Virundhu Unavagam". In the said business, some dispute arose with regard to the payments made and accounting. According to the petitioners, some money was misappropriated and petitioner cheated by the said Ms.Rachel Premila. Hence, they lodged a complaint against her. The respondent police are not taking any action.

4. The learned Government Advocate (Crl.Side) has submitted that the petitioners and Ms.Rachel Premila were running a hotel business as partners and thereafter and the said Premila has filed a suit in O.S.No.32 of 2021 before the Additional District Munsif Court, Alandur which is pending.

5. In view of the same, both the parties shall be called for enquiry and both the parties agreed, they would approach the Civil Court and seek their remedy.

6. The 2nd respondent is directed to conclude the enquiry and serve the copy of the report.

7. With the above direction, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dna To 1.The Deputy Commissioner of Police St.Thomas Mount Chennai 600 016.

2.The Sub-Inspector (Crime) S6 Police Station Shankar Nagar, Pammal Chennai 600 075.

3.The Public Prosecutor High Court of Madras.

+1cc to Mr.R.Santhosh Bharathi, Advocate Sr.43818 CRL.O.P.No.14865 of 2021 gpl[co] srg 05/10/2021 https://hcservices.ecourts.gov.in/hcservices/