Madras High CourtCRL OP(MD)/1399/2018disposed of

K.Mariammal v. The Commissioner Of Police

2018-01-30Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1399 of 2018 K.Mariammal ... Petitioner -vs1.The State represented by The Commissioner of Police, Madurai City, Madurai.

2.The State represented by The Inspector of Police, Jaihindpuram Police Station, Madurai.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to register an F.I.R based on the petitioner's complaint dated on 19.12.2017, within the time frame fixed by this Court and investigate the same in accordance with law.

For Petitioner : Mr.P.Shanmugam For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, to direct the second respondent to register a case, based upon the complaint given by the petitioner dated 19.12.2017. 2.The learned counsel appearing for the petitioner has submitted that the petitioner has borrowed a sum of Rs.1,00,000/- from one Suguna and her husband Sekar on 26.04.2017 and at that time the aforesaid persons have obtained signatures from the petitioner in blank promissory note and also in unfilled Rs.20 stamp papers. He further submitted that the petitioner has repaid about Rs.75,000/-, but the aforesaid persons have credited the aforesaid amount only towards interest and they are demanding to repay the balance amount with interest or otherwise the petitioner has to execute the sale deed with regard to her residential house. He further submitted that her husband is a blind man and he is sick for the past three years. Under this circumstance, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

not able to meet out the illegal demands made by the aforesaid persons. Hence, she has lodged a complaint before the second respondent on 19.12.2017. But, so far no action has been taken. 3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint an enquiry has been conducted and it was found that the complaint is relating to money transaction and hence the complaint was closed by directing the parties to approach civil Court and get appropriate remedy.

4.Recording the aforesaid submissions, this Criminal Original Petition is disposed of. It is open to the petitioner to avail any other remedy, which is available under the law. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Jaihindpuram Police Station, Madurai.

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

+1cc to M/S.P.Shanmugam, Advocate SR.No. 45139 CRL.O.P.(MD)No.1399 of 2018 30.01.2018 sss JM/SKN RSK/SAR 1/16.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/