Madras High CourtWP/30226/2016dismissed

E.Velu v. The Commissioner Of Police

2016-09-01Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.No.30226 of 2016 E.Velu ..

Petitioner Vs

1. The Commissioner of Police, Poonamallee High Road, Vepery, Chennai - 600 007.

2. The State rep.by The Inspector of Police, R-8 Vadapalani Police Station, Chennai - 600 026.

Respondents Prayer:- This Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent police to consider the petitioner's complaint dated 12.07.2016 by directing them to register the complaint. For Petitioner :Mr.Hasan Mohammed Jinnah For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Writ Petition has been filed for Writ of Mandamus directing the respondent police to consider the petitioner's complaint dated 12.07.2016 by directing them to register the complaint.

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

respondents.

3. On a reading of the complaint dated 12.07.2016, it is seen that this petitioner has entered into a memorandum of understanding with one Ravindranathan, under which, the said Ravindranathan had agreed to induct the petitioner as a partner in M.P.L.Carr's Private Limited., on the petitioner depositing a sum of Rs.1,00,00,000/- (Rupees One Crore Only).

4. Now, it is alleged by the petitioner that the petitioner paid Rs.77,00,000/- (Rupees Seventy Seven Lakhs Only) by way of RTGS, from his Bank viz., Axis Bank, Ashok Nagar Branch and given a sum of Rs.23,00,000/- (Rupees Twenty Three Lakhs only) by cash in November, 2015, despite which, the said Ravindranathan has not inducted him as a partner. On a reading of memorandum of understanding and the complaint, it is seen that this dispute essentially appears to be contractual in nature. Under such circumstances, no positive direction can be issued as prayed for by the petitioner.

With the above observation, the writ petition is dismissed with liberty to the petitioner to workout his remedy in the manner known to law. No costs.

sms 01.09.2016 To

1. The Commissioner of Police, Poonamallee High Road, Vepery, Chennai - 600 007.

2. The State rep.by The Inspector of Police, R-8 Vadapalani Police Station, Chennai - 600 026.

3. The Public Prosecutor, High Court, Madras.

P.N.PRAKASH,J.

sms W.P.No.30226 of 2016 01.09.2016