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Madras High CourtCRL OP/821/2016disposed of

Mr.V.Kulothunga Cholan v. The Commissioner Of Police

2016-01-12Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.OP No.821 of 2016 V.Kulothunga Cholan .. Petitioner Vs 1.The Commissioner of Police, Police Commissionerate Office, Vepery, Chennai.

2.The Assistant Commissioner of Police, D2, Anna Salai Police Station, Chennai.

3.The Inspector of Police, D2, Anna Salai Police Station, Chennai.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the third respondent to register the complaint dated 14.10.2015.

For Petitioner :Mr.R.Kalyan Kishen Singh For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the third respondent to register the complaint dated 14.10.2015.

2. The petitioner is a senior citizen and the head of Detective International, Fact Finding Agency. The petitioner is a reputed private detective agency doing services to the customers from all walks of life and the petitioner is one of the pioneer in the field of investigation and detection for the last 30 years. One Rajnool Chandani, representing M/s.Quikr India Ptvt. Ltd., visited the petitioner Office and convinced the petitioner in engaging the service of Quikr Advertisement. Believing the words of the said S.Rajmool Chandani, the petitioner issued a cheque for Rs.10,000/- for activation of the

advertisement of the petitioner on 22.07.2015 without fail. But neither the advertisement was published nor there was any reason for non publication of the advertisement by Quikr India Pvt. Ltd. The petitioner approached the Executive of Operations of Quiker India Pvt Ltd. for immediate refund of Rs.10,000/- paid by the petitioner. But they have not refunded the amount till date. The Executive from Quikr India Ptvt. Ltd., conspired and have illegally extorted a sum of Rs.10,000/- from the petitioner. Therefore, the petitioner lodged a complaint before the first respondent on 14.09.2015. But 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 and the learned Additional Public Prosecutor appearing for the respondent.

4. The learned Additional Public Prosecutor submitted that summons have been issued to necessary parties based on the complaint of the petitioner and the matter is pending for enquiry.

5. In view of the submissions made on either side, this Court directs the third respondent to conduct enquiry on the complaint given by the petitioner dated 14.10.2015 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 third respondent is directed to pass an appropriate order on the complaint of the petitioner.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

To:

1.The Commissioner of Police, Police Commissionerate Office, Vepery, Chennai.

2.The Assistant Commissioner of Police, D2, Anna Salai Police Station, Chennai.

3.The Inspector of Police, D2, Anna Salai Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Kalyan Kishen Singh, Advocate, S.R.No.2281 Crl.OP No.821 of 2016 gj(CO) srg (29/01/2016)