Madras High CourtCRL OP(MD)/1739/2018disposed of

S.Nagarajan v. The Superintendent Of Police

2018-02-06Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1739 of 2018 S.Nagarajan ... Petitioner -Vs1. The Superintendent of Police, Trichy District, Trichy.

2. The State represented by The Inspector of Police, District Crime Branch, Subtamaniapuram, Trichy-620 020.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent Police to register the complaint of the petitioner dated 12.08.2017 as against all the three accused who committed the offence. For Petitioner : Mr.D.Srinivasaraghavan For Respondents : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

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 12.08.2017.

2.The learned counsel appearing for the petitioner has submitted that the petitioner's brother in law, namely, M.V.Natarajan and the petitioner's wife Jayanthi and others have executed a Power of Attorney in favour of one Srinivasan on 29.12.2006 and in the said Power of Attorney it was specifically stated that they have not received any amount. However, the said Srinivasan has created a false receipt on 29.12.2006 itself stating that the aforesaid persons have received the sale consideration. He further submitted that actually the aforesaid persons have not issued the said receipt and hence the petitioner https://hcservices.ecourts.gov.in/hcservices/

has lodged a complaint before the second respondent on 12.08.2017, but, so far, no action has been taken.

3.The learned Government Advocate (Crl.Side) has submitted that after receipt of the complaint, enquiry has been conducted and the same has been closed as the dispute is civil in nature. 4.The learned counsel for the petitioner by way of reply has submitted that the petitioner has not been informed, with regard to closure of his complaint.

5.Recording the aforesaid submissions, the second respondent is directed to send information with regard to the closure of the petitioner's complaint. It is open to the petitioner to avail any other remedy, which is available under the law. 6.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, District Crime Branch, Subtamaniapuram, Trichy-620 020.

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

+ 1 cc TO Mr.D.Srinivasaraghavan , Advocate in SR No. 46821 sss AE/JC/SAR2/08.03.2018/2P/5C CRL.O.P.(MD)No.1739 of 2018 06.02.2018 https://hcservices.ecourts.gov.in/hcservices/