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Madras High CourtCRL OP(MD)/1191/2018disposed of

S. Kannan v. The Superintendent Of Police

2018-01-25Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.1191 of 2018 S.Kannan ... Petitioner Vs.

State represented by,

1. The Superintendant of Police, Tirunelveli District.

2. The Deputy Superintendant of Police, Sankarankovil, Tirunelveli District.

3. The Inspector of Police, Town Police Station, Sankarankovil, Tirunelveli District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the third respondent to register the case based on the petitioner's complaint dated 03.01.2018.

For Petitioner : Ms.C.R.Ponnuthai For Respondents : Mr.Prabu Ramachandran Government Advocate (crl. Side) for R.1 to R.3

ORDER

This Petition has been filed to direct the third respondent to register a case based on the complaint given by the petitioner dated 03.01.2018.

2.The learned counsel for the petitioner has submitted that the proposed accused is running a real estate business in which the petitioner has invested a sum of Rs.8,00,000/- on 07.04.2016. But subsequently, the proposed accused refused to return the amount and hence the petitioner has lodged a complaint before the third respondent on 03.01.2018, but so far no action has been taken.

https://hcservices.ecourts.gov.in/hcservices/

3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint, enquiry has been commenced. He further submitted that since the proposed accused is absconding and the third respondent is not able to proceed further. 4.Considering the aforesaid submissions, the third respondent is directed to enquire the petitioner and if the said enquiry reveals that any cognizable offence is made out, he has to register the case and proceed further. Merely because the proposed accused is absconding, the third respondent need not wait indefinitely.

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

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendant of Police, Tirunelveli District.

2. The Deputy Superintendant of Police, Sankarankovil, Tirunelveli District.

3. The Inspector of Police, Town Police Station, Sankarankovil, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 cc TO Ms.C.R.Ponnuthai , Advocate in SR No. 44205 gsp AE/SKN RSK/SAR2/14.02.2018/2P/6C CRL.OP.(MD) No.1191 of 2018 25.01.2018 https://hcservices.ecourts.gov.in/hcservices/