Madras High CourtCRL OP(MD)/14180/2017allowed

A.S.Sahabudeen v. The Superintendent Of Police

2017-11-07Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14180 of 2017 A.S.Sahabudeen : Petitioner -Vs1. The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2. The State rep. by The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.

: Respondents PRAYER:Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the second respondent herein to register the complaint given by the petitioner dated 07.09.2017 and take necessary action with the time stipulated by this Hon'ble Court.

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

O R D E R

This petition is for issuing a direction to the second respondent to register the complaint given by the petitioner on 07.09.2017.

2.The case of the petitioner is that the proposed accused approached him to buy his car for a sum of Rs.4,10,000/-. It is further stated that only a sum of Rs.1,40,000/- was paid towards consideration and that however, the signature of the petitioner was https://hcservices.ecourts.gov.in/hcservices/ obtained for transfer of the Registration Certificate. It is further

stated that the petitioner is in possession of the car and it was not handed over to the proposed accused. It is in the said circumstances, alleging that the proposed accused has refused to hand over the documents and that the proposed had assaulted the petitioner a complaint was lodged on 07.09.2017. Though the complaint specifically refers to the incident dated 07.09.2017 and the conduct of the proposed accused in cheating the petitioner, the case is not yet registered. Hence, the present Criminal Original Petition is filed.

3.Having regard to the averments found in the complaint lodged by the petitioner, this Court is fully convinced that a cognizable offence is made and that therefore, the second respondent is directed to register the complaint of the petitioner dated 07.09.2017 and then proceed in accordance with law. 4.With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2. The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.

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

CRL.O.P.(MD)No.14180 of 2017 07.11.2017 SRM SDS/MR:KKR/SAR 4/28.11.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/