Madras High CourtCRL OP/9384/2016closed

S.Sivakumar v. State Rep By

2016-06-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.9384 of 2016 S.Sivakumar .. Petitioner Vs.

1.The State rep. by The Commissioner of Police, Chennai City Police, Vepery, Chennai-7.

2.The Joint Commissioner of Police, North Range, B-1, North Beach Police Station, Chennai-1.

3.The Deputy Commissioner of Police, Central Crime Branch, O/o.The Commissioner of Police, Vepery, Chennai-7.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to register the petitioner's complaint dated 22.02.2016 and to investigate the same and submit a final report.

For Petitioner : Mr.K.Vasudevan For Respondents : Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to register the petitioner's complaint dated 22.02.2016.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. It is seen that earlier this petitioner has lodged a complaint dated 22.09.2015, which was enquired into and closed https://hcservices.ecourts.gov.in/hcservices/

by the police as purely civil transaction. Again this petitioner lodged a complaint stating the same set of facts, alleging that he was forced by the opposite party to sign certain agreements. On perusal of the second complaint dated 22.02.2016, the petitioner has not even given the date on which, the alleged incident had taken place, which is sine qua non for a criminal prosecution to be launched. Even according to the de facto complainant, he has been having business dealing with the opposite party from 2008 and he is supplying mobile phones to them and the opposite party should pay Rs.3,10,00,000/- for the mobile phones supplied.

4. Since the dispute is essentially civil in nature, direction as sought for by the petitioner cannot be granted and this petition is closed, with liberty to the petitioner to workout his remedies in the manner known to law. gya Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police, Chennai City Police, Vepery, Chennai-7.

2.The Joint Commissioner of Police, North Range, B-1, North Beach Police Station, Chennai-1.

3.The Deputy Commissioner of Police, Central Crime Branch, O/o.The Commissioner of Police, Vepery, Chennai-7.

4.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Vasudevan, Advocate Sr 31422 KR/24/6/16 CRL.OP.No.9384 of 2016 https://hcservices.ecourts.gov.in/hcservices/