S.Surendran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA S.Surendran ... Petitioner Vs.

1.The Commissioner of Police, Avadi Corporation, Avadi, Chennai.

2.The Inspector of Police, T-15, Mangadu Police Station, Kancheepuram District.

...

Respondents PRAYER : This Criminal Original Petition has been filed to direct the second respondent to register the case as per the complaint of the petitioner dated 20.08.2022.

For Petitioner : Mr.R.Maran For Respondents : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been preferred to direct the second respondent to register the case as per the complaint of the petitioner dated 20.08.2022.

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2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner had given a complaint against one Sundar on the allegation that he had given a loan of Rs.2,00,000/- to Sundar and as a security for the said amount, Sundar had offered his Bullet Motor Cycle and subsequently, executed the documents for transferring the vehicle in the name of the petitioner; despite the name has been changed, the vehicle was not handed over to the petitioner; therefore, a complaint has been given by the petitioner on 20.08.2022 before the second respondent; but so far no fruitful action has been taken.

4. The learned Government Advocate (Crl.Side) submitted that on the complaint given by the petitioner on 20.08.2022, current paper enquiry has been initiated in CSR No.1648 of 2022 and the same is temporarily closed on the undertaking given by the parties that they would settle the matter amicably between themselves.

5. However, the learned counsel for the petitioner denies such undertaking given before the second respondent. 2/4

6. In view of the same, the second respondent is directed to open the enquiry and do the needful in accordance with law and complete the enquiry within a period of four weeks from the date of receipt of a copy of this order. If the second respondent does not prefer to register the case, notice of closure report should be given to the petitioner. If the petitioner is not satisfied with the closure report, he is at liberty to initiate appropriate proceedings by invoking Section 156(3) or 200 Cr.P.C., before the appropriate forum.

7. With the above observations, this Criminal Original Petition is disposed.

Index: Yes/No 29.11.2022 Speaking / Non Speaking Order gsk To 1.The Commissioner of Police, Avadi Corporation, Avadi, Chennai.

2.The Inspector of Police, T-15, Mangadu Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J gsk 29.11.2022 4/4