Madras High CourtCRL OP/518/2023dismissed

C.Jagan v. State Rep By,

2023-01-10Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN C.Jagan ... Petitioner Vs.

State Rep by The Inspector of Police, Ambattur Police Station, Ambattur.

... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to register the FIR with regard to the complaint dated 09.12.2022 lodged by the petitioner.

For Petitioner : Mr.Ram Kumar For Respondent : Mr.S.Santhosh, Government Advocate (crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondent to register the case based on the complaint given by the petitioner dated 09.12.2022.

2. The learned counsel for the petitioner submitted that the petitioner is the tenant in the premises situated at No.09, 4th Cross Street, Thiruthanikai Nagar, 2nd Main Road. Since the petitioner was unable to pay the loan amount, the Authorities from M/S Cholamandalam Investment and Finance Company Ltd., affixed seal to the house of the landlord one Thayalan. Therefore, the petitioner lodged a complaint before the second respondent. However, till date, no FIR has been registered. Hence, the present petition has been filed.

3. The learned Government Advocate (crl.side) submitted that on the basis of the complaint given by the petitioner, petition enquiry has been conducted in CSR No.1943 of 2022 and the same has been closed as civil in nature.

4. Considered the rival submissions. It appears that there is some 2/4

proceedings initiated against the tenant. During the course of the proceedings, the Authorities from M/S Cholamandalam Investment and Finance Company Ltd., had affixed seal to the petitioner's house. Considering the fact the issue is preliminarily a civil dispute, this Court is not inclined to entertain this petition. The petitioner is directed to approach the concerned Civil Court for appropriate relief.

5. With the above observation, this Criminal Original Petition stands dismissed.

10.01.2023 shk To 1.The Inspector of Police, Ambattur Police Station, Ambattur.

2. The Public Prosecutor, High Court of Madras.

3/4

G.CHANDRASEKHARAN ,J.

shk 10.01.2023 4/4