Arasan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.5075 of 2016 and Crl.OP.No.11783 of 2016 Arasan ... Petitioner in both Crl.OPs Vs 1.State Represented by The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Villupuram District, Villupuram.

... Respondents 1 & 2 in both Crl.OPs 3.The Inspector of Police, Pudupettai Police Station, Panruti, Cuddalore.

... 3rd Respondent in Crl.OP.11783 of 2016 Prayer in Crl.OP.No.5075 of 2016:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondents to register the complaint dated 12.11.2015 preferred by the petitioner and take action on it. Prayer in Crl.OP.No.11783 of 2016:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation to any nearby police station for the complaint dated 12.11.2015.

For Petitioner :Ms.U.Anunitha For Respondents :Mr.A.N.Thambi Durai Additional Public Prosecutor (Crl. Side)

ORDER

These Criminal Original Petitions have been filed to direct the respondent (i) to register a case on the complaint dated 12.11.2015, given by the petitioner and (ii) to transfer the investigation to the nearby police station.

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 12.11.2015, it is seen that the petitioner's wife had entered into a mortgage on 14.11.2011 with the opposite party, which has been registered. Now, it is alleged by the petitioner that the terms of the mortgage have been wrongly entered in the document, as if the petitioner and his wife should have to pay an usurious interest.

4. In a case of this nature, it is not desirable to give a direction to the respondent-police to register a case.

5. Under such circumstances, these Criminal Original Petitions are closed with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To:

1.State Represented by The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Villupuram District, Villupuram.

3.The Inspector of Police, Pudupettai Police Station, Panruti, Cuddalore.

4.The Public Prosecutor, High Court, Chennai.

Crl.OP.No.5075 of 2016 and Crl.OP.No.11783 of 2016 rsi[co] srg 29/07/2016