Balasanthanam (M/35) v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2017

CORAM

THE HONOURABLE Mr. JUSTICE R.MAHADEVAN Crl.OP.No.25451 of 2016 Balasanthanam ... Petitioner Vs

1. The Commissioner of Police, Salem City, Salem.

2. State rep. by The Inspector of Police, Fairlands Police Station, Salem.

... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents herein to register a case on the basis of the complaint dated 26.08.2016 given by the petitioner and investigate the same in accordance with law. For Petitioner :

Mr. K.S.Karthik Raja For Respondents :

Mr. C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to register a case on the basis of the complaint dated 26.08.2016 given by the petitioner and investigate the same in accordance with law.

2. It is the case of the petitioner that one Vikas Prajapat had lured a sum of Rs.5,50,000/- from the petitioner on the pretext to sell his Swift Car bearing Registration No.TN-54 F9715, after clearing hypothecation from the bank and absconded with the said amount. Thereafter, when the petitioner came to know about the stay of the said Prajapat at Alagapuram, Salem, he approached him and asked him to handover the Car along with No Objection Certificate, but the said Prajapat threatened him with dire consequences. Hence, he made a complaint on 26.08.2016 https://hcservices.ecourts.gov.in/hcservices/

with the second respondent. Though the said complaint was received vide CSR.No.84 of 2016, till date, no action has been taken by the second respondent, which compelled the petitioner to approach this Court with the present petition for the above stated relief.

3. Heard Mr.K.S.Karthik Raja, learned counsel appearing for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the respondents.

4. Considering the facts and circumstances of the case, this Court directs the second respondent to hold appropriate enquiry on the petitioner's complaint dated 26.08.2016 and if the allegations made therein disclose commission of cognizable offence, register a case, investigate the same and file a final report or close the same as the case may be, in accordance with law, as expeditiously as possible.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds/rk To

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Fairlands Police Station, Salem.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr. K.S.Karthik Raja, Advocate, S.R.No. Crl.OP.No.25451 of 2016 CS/12/06/17 https://hcservices.ecourts.gov.in/hcservices/