Madras High CourtCRL OP(MD)/2381/2018disposed of

Mariyappan v. The Sub Inspector Of Police

2018-03-01Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2381 of 2018 Mariyappan ... Petitioner -VsThe Sub-Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

... Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police District, to register the case on the basis of the complaint received in C.S.R.No.462 of 2017 dated 08.12.2017.

For Petitioner : Mr.D.Ramesh Kumar For Respondent : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent, to register the case on the basis of the complaint received in C.S.R.No.462 of 2017 dated 08.12.2017. 2.Heard Mr.D.Ramesh Kumar, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the respondent. 3.The learned counsel appearing for the petitioner has submitted that the proposed accused persons have purchased rice from the petitioner for a sum of Rs.75,74,623/-. But, subsequently, they refused to pay the amount and hence, the petitioner has lodged a complaint before the respondent on 07.02.2017, but sofar, no action has been taken. 4.The learned Government Advocate (Crl.side) has submitted that after receipt of the complaint C.S.R.No.

462 of 2017 has been issued and the complaint is pending for enquiry. 5.Considering the aforesaid submissions, the respondent is directed to expedite the enquiry and the if the enquiry reveals any cognizable offence then he has to register a case within a week from the date of receipt of a copy of this order. In case the enquiry reveals that it is in civil dispute then he has to direct the parties to approach the civil court.

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6. With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Sub-Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

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

+1cc to Mr.D.Ramesh Kumar, Advocate SR.No.52223 DAS VB/SV/MMS/SAR4/20.03.2018/2P/4C CRL.O.P.(MD)No.2381 of 2018 01.03.2018 https://hcservices.ecourts.gov.in/hcservices/