M.Jayaseelan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.20198 of 2021 M.Jayaseelan

...Petitioner

Versus

1. The Superintendent of Police, Coimbatore (Rural),

2. The Deputy Superintendent of Police, District Crime Branch, Coimbatore District,

3. The Inspector of Police, District Crime Branch, Coimbatore District, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to register the case based on the complaint in C.No.P1/24536/351/DPO/CBE DIST/21/ Dated 16.08.2021, documents produced and statement given by the petitioner and investigate the case in accordance with law.

For Petitioner : Mr.S.Doraisamy For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the respondents to register the case based on the complaint in C.No.P1/24536/351/DPO/CBE DIST/21/ Dated 16.08.2021, documents produced and statement given by the petitioner and investigate the case in accordance with law.

2.The contention of the petitioner is that the petitioner

had lodged a complaint on 18.06.2021, before the respondent police stating that Kumar Jothi Bose and Joidha Bose, who are the owners of M/s.Apparel Mart had cheated the petitioner to the tune of Rs.1,81,80,000/-. Thereafter no action has been taken. Though summons were issued to the petitioner and the respondent police directed the petitioner to appear on 06.09.2021, for enquiry. The petitioner had appeared for enquiry and gave his statement and also produced the documents available with him. 3.The learned Additional Public Prosecutor submits that the petitioner was called for enquiry on 06.09.2021. Thereafter, the petitioner was directed to produce the certificate copy of the primary document i.e. Memorandum of Understanding, Agreement entered between East Coast Consultants with MP.Samsudeen, Junas, payment details made to MP.Samsudeen and Junas by the company with regard to Rs.7,30,00,000/- and the Memorandum of Understanding spoken by MP.Samsudeen. Though the petitioner had promised to produce the above said documents and not been produced.

4.The learned counsel appearing for the petitioner on instruction submits that the petitioner is ready and willing to appear before the respondent police on 07.12.2021 and submit the above said documents.

5.Considering the submissions, perusal of the materials and the undertaking given by the petitioner, this Court directs the petitioner to appear before the respondent police along with the above said documents and give his explanation on 07.12.2021. Thereafter the respondent police is directed to dispose of the complaint of the petitioner in the manner known to law. 6.Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ah To

1. The Superintendent of Police, Coimbatore (Rural),

2. The Deputy Superintendent of Police, District Crime Branch, Coimbatore District,

3. The Inspector of Police, District Crime Branch, Coimbatore District,

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.S.Doraisamy, Advocate, S.R.No.61846 Crl.OP.No.20198 of 2021 KSM(CO) RGA(10/12/2021)