Madras High CourtCRL OP/9538/2016closed

Jokin Jeyapaul v. The Commissioner Of Police

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.9538 of 2016 Jokin Jeyapaul ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600 007.

2. The Director General of Police (Law and Order), Office of the Director General of Police, Mylapore, Chennai - 600 004.

3. The Inspector of Police (Law and Order), Teynampet Police Station, Teynampet, Chennai - 600 018.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st Respondent to Register a Case on the basis of the Petitioners Complaint dated 22/12/2015 and investigate the same according to law. For Petitioner :Mr.P.Ayyaswamy For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the 1st respondent to register a case on the basis of the petitioner's complaint dated 22/12/2015 and to investigate the same, the petitioner has come up with this petition.

2.On reading of the complaint dated 22.12.2015 given by the petitioner, it is seen that the petitioner entered into an Agreement for construction of commercial complex with the opposite party on 27.06.2014. According to which, it is alleged by the petitioner that a sum of Rs.76,00,000/- is due to him whereas the opposite party paid only Rs.20,73,378/-. Admittedly, there is an arbitration clause in the said Agreement. https://hcservices.ecourts.gov.in/hcservices/

In the considered opinion of this Court, no positive direction can be issued to the respondents to register an FIR and the dispute is contractual in nature. Hence, this Criminal Original Petition is closed, with liberty to the petitioner to work out his remedies in the manner known to law. mps -s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600 007.

2. The Director General of Police (Law and Order), Office of the Director General of Police, Mylapore, Chennai - 600 004.

3. The Inspector of Police (Law and Order), Teynampet Police Station, Teynampet, Chennai - 600 018.

4.The Public Prosecutor, High Court, Chennai.

+ 2 ccs to Mr.P.Ayyaswamy, Advocate SR 30127 pa(co) prk16/6 Crl.OP.No.9538 of 2016 https://hcservices.ecourts.gov.in/hcservices/