Madras High CourtCRL OP(MD)/2453/2018disposed of

Soundari, v. The Superintendent Of Police,

2018-03-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2453 of 2018 Soundari ... Petitioner -Vs1.The Superintendent of Police, Ramanathapuam District, Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police, R.S.Mangalam, Ramanathapuram District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, praying to direct the respondents to register the case on the basis of the complaint given by the petitioner dated 22.01.2018.

For Petitioner : Mr.V.Muruganantham For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondents to register a case based on the complaint given by the petitioner dated 22.01.2018.

2. Heard the learned counsel appearing for the petitioner and the Government Advocate (Crl.Side) appearing on behalf of the respondents.

3. The learned counsel for the petitioner has submitted that the proposed accused has received a sum of Rs.9,00,000/- from the petitioner and also jewels from the petitioner and subsequently, he did not return the same. He further submitted that the petitioner made a request to return the amount and also the jewels. At that time, the proposed accused abused the petitioner and also assaulted the petitioner, against which the petitioner has lodged a complaint on 22.01.2018, but so far no action has been taken. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.Side) has submitted that with regard to the aforesaid occurrence, the petitioner has lodged a complaint on 05.11.2017 before the second respondent and after receipt of the said complaint, an enquiry was conducted and the same was closed on 06.11.2017, because the dispute is relating to money transaction and subsequently, the petitioner gave another complaint on 22.01.2018 and the same is pending for enquiry.

5. Considering the aforesaid submissions, the second respondent is directed to enquire into the matter, if it reveals any cognizable offence, then he has to register a case and proceed in accordance with law. If the enquiry reveals only civil dispute, he has to direct the parties to approach the concerned court and get appropriate remedy.

6. Recording the aforesaid submissions, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Ramanathapuam District, Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police, R.S.Mangalam, Ramanathapuram District.

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

+1CC TO M/S.V.MURUGANANDHAM, ADVOCATE, SR NO.53210 CRL.O.P.(MD)No.2453 of 2018 02.03.2018 pnn MS/GT/SAR-2/20.03.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/