Madras High CourtCRL OP(MD)/13933/2017closed

Dr. K.Saravana Muthu Krishnan v. The Superintendent Of Police

2017-11-08Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.13933 of 2017 K.Saravana Muthu Krishnan ... Petitioner -Vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District 3.The Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the respondent No.3 to register the case on the petitioner's complaint dated 12.08.2017 as per law within the time frame fixed by this Court.

For Petitioner : Mr.S.Thangaraj For Respondents : Mr.K.S.Durai Pandian Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed for issuing a direction to the third respondent to register the complaint lodged by the petitioner, dated 12.08.2017 as per law within the time frame fixed by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.In the complaint lodged by the petitioner, the petitioner stated that the proposed accused had received a sum of Rs.5,00,000/- (Rupees Five Lakhs) as advance after agreeing to sell his property for a total consideration of Rs.1,01,00,000/- (Rupees One Crore and One Lakh). He further stated that the accused had cheated the petitioner by refusing to execute the sale deed. The petitioner ought to have filed a suit for specific performance or for return of money. This appears to be a dispute purely civil in nature.

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4.Having regard to the nature of averments in the complaint, the third respondent is directed to conduct a preliminary enquiry and proceed further in accordance with law. Accordingly, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District

3. The Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

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

CRL.O.P.(MD)No.13933 of 2017 08.11.2017 ia JM/MR KKR/SAR 2/27.11.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/