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Madras High CourtCRL OP/7906/2016disposed of

S. Ramakrishnan, v. The Inspector Of Police,

2016-04-13Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7906 of 2016 S.Ramakrishnan ...

Petitioner Vs.

1.The Inspector of Police, Central Crime Branch Team (Team-II), Vepery, Chennai-600 007.

2.The Inspector of Police, Poonamallee Town Police Station, Poonamallee, Chennai-600 056.

...

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to register an FIR against the accused persons based on the complaint dated 20.01.2016 given by the petitioner in CSR No.105 of 2016 on the file of the 2nd respondent.

For Petitioner :Mr.N.Anand Venkatesh For Respondents :Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the 1st respondent to register an FIR based on the complaint dated 20.01.2016 given by the petitioner in CSR No.105 of 2016 on the file of the 2nd respondent.

2.The learned counsel appearing for the petitioner submitted that even though the petitioner has given a complaint dated 20.01.2016, the respondents have not shown any interest to enquire the matter and to register an FIR. Hence, the petitioner has come up with the present petition for the relief as stated above.

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3.The learned Additional Public Prosecutor appearing for the respondents submitted that after due enquiry, the complaint was closed as civil in nature, directing the petitioner to go before the civil forum.

4.On perusal of the typedset of papers, it reveals that the petitioner and the counter petitioner has entered into a Joint Development Agreement and on that basis, they have executed a Power of Attorney Deed. Now, the petitioner has himself stated that the Power of attorney has been cancelled on 23.03.2015 and the counter petitioner has not accounted for the amount received by him. The dispute is between the principal and the power agent. Hence, I am of the view that the petitioner is directed to approach the civil forum.

Recording the submissions made by the learned Additional Public Prosecutor that the enquiry has been conducted and closed as civil in nature, this Criminal Original Petition is disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mps To 1.The Inspector of Police, Central Crime Branch Team (Team-II), Vepery, Chennai-600 007.

2.The Inspector of Police, Poonamallee Town Police Station, Poonamallee, Chennai-600 056.

3.The Additional Public Prosecutor, Madras High Court, Madras.

Crl.O.P.No.7906 of 2016 aa29/04/2016 https://hcservices.ecourts.gov.in/hcservices/