← Library
Madras High CourtCRL OP/19513/2016closed

Dimpple Nivatia v. The Inspector Of Police

2016-09-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2016 Coram:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19513 of 2016 Dimpple Nivatia ... Petitioner Vs.

The Inspector of Police, G1, Vepery Police Station, Chennai.

...Respondent

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondent police to register the complaint dated 13.04.2015, investigate the same and file the final report before the concerned Court. For Petitioner : Mr.S.Muthukumar For Respondent : Mr.C. Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking a direction to the respondent police to register the complaint dated 13.04.2015, investigate the same and file the final report before the concerned Court.

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

3. Learned Additional Public Prosecutor submits that on the complaint dated 13.04.2015 given by the petitioner, petition enquiry in CSR No.467 of 2016 is pending before the respondent and that, the petitioner is not co-operating with the enquiry.

4. On a reading of the complaint dated 13.04.2016, it is alleged that the opposite party has stolen away some cheques of the petitioner. Admittedly, the opposite party has initiated the prosecution under Section 138 of the Negotiable Instrument Act against this petitioner.

https://hcservices.ecourts.gov.in/hcservices/

Under such circumstances, no positive direction can be given to the respondent police to register the case and the petition is closed with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To

1. The Inspector of Police, G1, Vepery Police Station, Chennai.

2.The Public Prosecutor High Court, Madras ad(co) krd 20/9 Crl.O.P.No.19513 of 2016 https://hcservices.ecourts.gov.in/hcservices/