Balakrishnan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.6852 of 2016 I.Balakrishnan Proprietor of ESS Exports.

... Petitioner Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Tiruppur.

2. The Inspector of Police, Central Crime Branch, Tiruppur.

... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to issue direction to the second respondent to register a complaint dated 29.02.2016 made by the petitioner.

For Petitioner : Mr.M.R.Franklin For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking a direction to the second respondent to register the complaint of the petitioner dated 29.02.2016.

2.The learned counsel for the petitioner submitted that the petitioner has lodged a complaint before the first respondent police on 29.02.2016, subsequently it was forwarded to the second respondent and the petitioner appeared before the second respondent for enquiry, but the respondent has not registered the case. 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 receipt of the complaint, the petitioner was called for enquiry and https://hcservices.ecourts.gov.in/hcservices/

subsequently, on 15.03.2016, he has stated that he has received the cheques and he has to go for alternative remedy of filing case against cheques and on the basis it was closed. Hence, he prayed for dismissal of the petition.

4.Considering the rival submissions made on both sides and on perusal of the typed set of papers and also copy of the letter dated 15.03.2016, it is known that the petitioner was called for enquiry and subsequently, on 15.03.2016, he has stated that he has received the cheques and he has to go for alternative remedy of filing case against cheques. In such circumstances, recording the submissions made by the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of.

pri s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Office of the Commissioner of Police, Tiruppur.

2. The Inspector of Police, Central Crime Branch, Tiruppur.

3. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.M.R.Franklin, Advocate SR 20578 vd(co) prk15/4 Crl.O.P.No.6852 of 2016 https://hcservices.ecourts.gov.in/hcservices/