Madras High CourtCRL OP(MD)/11586/2016disposed of

Rathinasamy, v. The Superintendent Of Police,

2016-07-14Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS Criminal Original Petition (MD) No.11586 of 2016 Rathinasamy ... Petitioner vs.

1.The Superintendent of Police Palayamkottai, Tirunelveli District 2.The Inspector of Police V.K.Pudhur Police Station Tirunelveli District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to issue a direction, directing the respondents to register the F.I.R., on basis of the complaint of the petitioner, dated 06.02.2016. For Petitioner : Mrs.C.R.Ponnuthai For Respondents : Mr.P.Kandasamy G.A.(Crl.Side)

O R D E R

Rathinasamy came forward with this petition under Section 482 Cr.P.C., seeking a direction to the 2nd respondent, namely, Inspector of Police, V.K.Pudhur Police Station, Tirunelveli District, to register a criminal case as against Muthiah and Arumugavadivu.

2. It is submitted by the learned counsel for the petitioner that the said persons have used sugarcoated words that they will get the post of S.I. of Police at the cost of Rs.15,00,000/- and trusting their words the petitioner has paid Rs.15,00,000/-. However, later they have cheated the petitioner. Thus, they have committed an offence.

3. The learned Government Advocate (Criminal Side) for the respondents submitted that actually it is a money dispute between both. In the station enquiry, in a statement, Rathinasamy stated that there is money dispute between both and as the opponent denying his receipt of the money, he will take up the matter in a competent Court. In the circumstances, the matter has been closed as civil dispute.

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4. In this connection, enquiry report of the said Police in C.P.No.41 of 2016 has been produced and perused. It contains what was stated by the learned Government Advocate (Criminal Side) in his argument.

5. In the circumstances, recording the above submission of the learned Government Advocate (Criminal Side), this criminal original petition is accordingly disposed of however, giving liberty to the petitioner, namely, Rathinasamy to take next course of action as per law available to him before a competent forum. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Government Advocate (Criminal Side), Madurai Bench of Madras High Court, Madurai.

2.The Superintendent of Police, Palayamkottai, Tirunelveli District.

3.The Inspector of Police, V.K.Pudhur Police Station, Tirunelveli District.

+1cc to Mr.C.R.Ponnuthai, Advocate in SR.No. 36428 krk JA-AAL-MPA-21.7.2016/2P:5C Crl.O.P.(MD).No.11586 of 2016 14.07.2016 https://hcservices.ecourts.gov.in/hcservices/