Madras High CourtCRL OP(MD)/2594/2018disposed of

S.M. Mohammed Sultan v. The Superintendent Of Police

2018-03-02Honourable Mr Justice P. Rajamanickam3 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.2594 of 2018 S.M.Mohammed Sultan ... Petitioner -VsState represented by

1. The Superintendent of Police, O/o.Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3. The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

4. The Inspector of Police, District Crime Branch, Sivagangai District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 4th respondent police, to register a case based on the petitioner's complaint dated 26.01.2018.

For Petitioner : Mr.S.Vanchinathan For Respondents : Mr.Prabu Ramachandran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the 4th respondent, to register the case based on the complaint given by the petitioner dated 26.01.2018.

2.Heard Mr.S.Vanchinathan, the learned counsel appearing for the petitioner and Mr.Prabu Ramachandran, the learned Government Advocate (Crl.Side) appearing for the respondents.

3.The learned counsel appearing for the petitioner has submitted that the proposed accused, who is the brother of the petitioner has sold the family properties for a sum of Rs. 10 lakhs and also received a sum of Rs.3 lakhs from the petitioner, but subsequently, the proposed accused has failed to return the said amount to the petitioner. Hence, the petitioner has lodged a complaint before the 4th respondent on 26.01.2018, but sofar, no action has been taken.

4.The learned Government Advocate (Crl.side) has submitted that after receipt of the complaint, CSR.No.6 of 2018 has been issued and enquiry has been conducted, thereafter, the same was closed on 23.02.2018, as it is civil in nature.

5.The learned counsel appearing for the petitioner by way of reply has submitted that after closing of the petitioner's complaint, the 4th respondent has not informed the petitioner, with regard to the closure of his complaint.

6.Considering the aforesaid submissions, the 4th respondent is directed to inform the petitioner with regard to the closure of his complaint, within a period of one week. It is open to the petitioner to avail any other remedy which is available under the law. 7.With the aforesaid observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, O/o.Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3. The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

4. The Inspector of Police, District Crime Branch, Sivagangai District.

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

das MV:KKR:SAR1:22/03/2018/3P/6C CRL.O.P.(MD)No.2594 of 2018 02.03.2018