Madras High CourtCRL OP(MD)/1877/2018disposed of

M.Arunkumar, v. Assistant Commissioner Of

2018-02-09Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.1877 of 2018 M.Arunkumar ... Petitioner -vsAssistant Commissioner of Police, Law and Order, Vilakkuthoon Police Station, Madurai.

... Respondent Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent Police to register F.I.R. based on the complaint of the petitioner dated 19.07.2017.

For Petitioner : Mr.Sundaralingam For Respondent : Mr.Prabhu Ramachandran Government Advocate (Crl.Side)

ORDER

This Petition has been filed by the petitioner, to direct the respondent to register a case based on the complaint given by the petitioner, dated 19.07.2017.

2.The learned counsel appearing for the petitioner has submitted that the petitioner and one, Harivasakan are partners and they have been running a Jewelry shop in the name of J.K. Jewellers. He further submitted that the father of the said Harivasakan, namely., Jayaraman, has compelled the petitioner to pay a sum of Rs.7,50,000/- and the petitioner has also paid the said amount in the month of October, 2016, and subsequently, the said Jayaraman has threatened the petitioner to pay further sum of Rs.10 lakhs and for that the petitioner refused. Hence, the said Jeyaraman has locked the doors of the said shop and thereafter, a mediation was going on and during the said process, the said Harivasakan and his father Jeayraman had broken the door of the jewelry shop on 06.07.2017, and stolen 30 kilos of silver and also

documents. He further submitted that with regard to the said occurrence, the petitioner has lodged a complaint before the respondent on 19.07.2017, but, so far no action has been taken. 3.The learned Government Advocate (Crl. Side) has submitted that after receipt of the said complaint, enquiry has been conducted and the same has been closed as dispute is civil in nature.

4.Recording the aforesaid submissions, this Criminal Original Petition is disposed of. It is open to the petitioner to avail another remedy, which is available under law. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.Assistant Commissioner of Police, Law and Order, Vilakkuthoon Police Station, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One cc to M/s.Sundaralingam, Advocate, SR.No.47895 ia RL/4C/2P/SV/MMS/SAR4/6/3/2018 CRL.O.P.(MD)No.1877 of 2018

09.02.2018