T.Muthiah v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.23150 of 2021 T.Muthiah

...Petitioner/Defacto Complainant

Versus

State rep by its Inspector of Police (Law & Order) H-4, Korukkupet Police Station, Chennai- 600 021.

... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent police to investigate and register the case on the petitioner complaint dated 10.11.2021 pending on the file of the respondent police. For Petitioner :

Mr.D.NandhaGopal For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This petition has been filed by the petitioner to direct the respondent police to investigate and register the case on the petitioner complaint dated 10.11.2021 pending on the file of the respondent police.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent police.

3. The learned counsel for the petitioner would submit that the petitioner is a tenant under One Anandan and the wife of Anandan, one Maheswari borrowed a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) from the petitioner on various dates,but failed to repay the same, for which the petitioner lodged a complaint on 10.11.2021 before the respondent police, along with lease deed and other documents. He further submitted that no action has been taken by the respondents on the complaint dated 10.11.2021, till date and hence the petitioner has filed this Criminal Original Petition.

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4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that on the complaint given by the petitioner, CSR.No.162 of 2021 was assigned on 10.11.2021. He further submitted that both the petitioner and the de-facto complainant were called for enquiry and both of them appeared before the respondent police and on enquiry the dispute was resolved between them. He further submitted that both of them agreed to approach the Court for their grievance and given an letter of undertaking dated 13.11.2021 to that effect, recording the same the case has been closed on 13.11.2021. He has also produced the closure report along with letter of undertaking before this Court.

5. The submission of the learned Additional Public Prosecutor is recorded. The Respondent shall furnish the copy of the closure report to the petitioner, so that if the petitioner is aggrieved, he can seek remedy in the manner known to law.

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

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arr To

1. The Inspector of Police (Law & Order) H-4, Korukkupet Police Station, Chennai- 600 021.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.NandhaGopal, Advocate, S.R.No.65084 Crl.O.P.No.23150 of 2021 BS(CO) CT 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/