Madras High CourtCRL OP/459/2016disposed of

Deenadayalan v. The Inspector Of Police

2016-01-08Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.459 of 2016 Deenadayalan ... Petitioner Vs State Rep by The Inspector of Police, Arani Town Police Station, Arani, Thiruvannamalai District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register the case on the basis of the CSR No.529/2015 in view of the petitioner's complaint dated 26.12.2015 pending on the file of the respondents' police. For Petitioner :

Mr.T.Arockia Dass For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct to the respondent to register the case on the basis of the CSR No.529/2015 in view of the petitioner's complaint dated 26.12.2015 pending on the file of the respondents' police.

2. The petitioner has lodged a complaint as against one Thiyagarajan stating that the said Thiyagarajan has obtained a loan of Rs.9,85,000/- from the petitioner and failed to repay the same. When the petitioner approached the said Thiyagarajan and requested him to repay the amount, he threatened the petitioner with dire consequences. Though C.S.R.No.529 of 2015 has been assigned on the complaint of the petitioner, till date, no action has been taken on the said complaint. Hence, the petitioner has come forward with the present Criminal Original Petition.

3. I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent.

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4. The learned Additional Public Prosecutor submitted that on receipt of the complaint given by the petitioner, C.S.R.No.529 of 2015 has been assigned and the matter is pending for enquiry.

5. In view of the submissions made on either side, this court directs the respondent to conduct enquiry on the complaint given by the petitioner dated 26.12.2015 in C.S.R.No.529 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law. If no prima facie case is made out, the respondent is directed to pass an appropriate order on the complaint of the petitioner.

6. This criminal original petition is disposed of accordingly. Vrc Sd/- Assistant Registrar (CS-V) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, Arani Town Police Station, Arani, Thiruvannamalai District.

2. The Public Prosecutor, High Court, Madras.

+1 C.C. To M/S.Dass Law Associates Advocates in SR.NO.1665 Crl.O.P.No.459 of 2016 MG(CO) sd : 25/01/2016 https://hcservices.ecourts.gov.in/hcservices/