Madras High CourtCRL OP/287/2016disposed of

Rathinasamy v. State By

2016-01-07Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.287 of 2016 Rathinasamy ... Petitioner Vs State by Inspector of Police, Triplicane Police Station, Chennai.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register the complaint dated 4.2.2015 submitted by the petitioner in Petn.No.105/2015 in accordance with law.

For Petitioner : Mr.S.Udhayakumar For Respondent : Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the respondent police to register the complaint dated 4.2.2015 submitted by the petitioner in Petn.No.105/2015 in accordance with law.

2. The petitioner purchased two auto rickshaws bearing registration Nos.TN-06-B-4675 and TN-03-B-5770 through the finance from A.N.R.Auto Finance, represented by its Proprietor, Mr.Raja. A sum of Rs.50,000/- was paid by the petitioner as an advance amount for one auto and a sum of Rs.30,000/- was paid as an advance for another auto. Inspite of payment of the amount, the said Raja is insisting for more payment and refused to hand over the original RC book and other documents. Hence, the petitioner lodged a complaint with the respondent police. Since no action was taken, the present petition has been filed.

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

4. Learned Additional Public Prosecutor submitted that the allegation made in the complaint do not constitute cognizable https://hcservices.ecourts.gov.in/hcservices/

offence. However, on receipt of the complaint, CSR.No.105/2015 was assigned and the matter is pending enquiry.

5. Considering the submissions made on either side, this Court directs the respondent police to conduct an enquiry on the complaint of the petitioner in C.S.R.No.105/2015 and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible.

5. The criminal original petition is disposed of accordingly. vsi Sd/- Asst.Registrar(CS.II) /true copy/ Sub Asst. Registrar To

1. The Inspector of Police, Triplicane Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.S.Udayakumar, Advocate Sr.1064 CO-PA ths : 22.01.2016 Crl.O.P.No.287 of 2016 https://hcservices.ecourts.gov.in/hcservices/