M.Malathy v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3769 of 2016 M.Malathy .. Petitioner Vs.

State rep. by 1.The Commissioner of Police Greater Chennai Vepery, Chennai-7.

2.The Deputy Commissioner of Police St.Thomas Mount Range St. Thomas Mount Chennai.

3.Inspector of Police S-15, Seliyur police station Seliyur Tambaram, Chennai-73.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register the F.I.R. based on the petitioner's complaint dated 10.02.2016. For Petitioner :Mr.M.Anandaraj For Respondents :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the respondents to register a case pertaining to the petitioner's complaint dated 10.02.2016. 2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the respondents on 10.02.2016 stating that the proposed accused has given false representation that he is the owner of the property and that he has entered into a sale agreement with the petitioner and received amount. Thereafter, the petitioner came to know that https://hcservices.ecourts.gov.in/hcservices/

the proposed accused is not the owner of property and he cheated the petitioner by committing fraud. Therefore, the petitioner has lodged the complaint. But the respondents without registering the case, closed the matter. Hence, the petitioner has come forward with this petition for the above stated relief. 3.At this juncture, the learned Additional Public Prosecutor, on instructions, would submit that on the basis of the complaint given by the petitioner, enquiry has been conducted and the same was closed.

4.Heard both sides.

5.On perusal of the complaint, it reveals that prima facie there is a material for taking cognizable offence. Hence, the closure report furnished by the respondents is hereby set aside. The third respondent is directed to conduct enquiry and follow the dictum laid down in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC) and register a case, if any cognizable offence is made out.

6.The Criminal Original Petition is disposed of with the above direction.

kj s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Commissioner of Police Greater Chennai Vepery, Chennai-7.

2.The Deputy Commissioner of Police St.Thomas Mount Range St. Thomas Mount Chennai.

3.Inspector of Police S-15, Seliyur police station Seliyur Tambaram, Chennai-73.

4.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.M.Anandaraj, Advocate SR 11035 vs(co) prk26/2 Crl.O.P.No.3769 of 2016 https://hcservices.ecourts.gov.in/hcservices/