Madras High CourtCRL OP(MD)/9131/2018disposed of

Mallika v. The Superintendent Of Police

2018-06-08Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.9131 of 2018 Mallika ... Petitioner Vs.

1. The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli.

2. The Sub-Inspector of Police, Thathaiyengarpettai Police Station, Thathaiyengarpettai, Tiruchirappalli District.

... Respondents Petition is filed under Section 482 of the Criminal Procedure Code, to direct the second respondent to register the case on the basis of the petitioner's complaint, dated 15.05.2018. For Petitioner : Mrs.S.Prabha For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to register the case on the basis of the petitioner's complaint, dated 15.05.2018. 2.According to the petitioner, she entered into a sale agreement with the proposed accused persons and on the strength of the sale agreement, the proposed accused persons received a sum of Rs.25,00,000/- out of Rs.27,00,000/-. But, as per the terms and conditions, they did not come forward to register the sale deed. Thereafter, the petitioner came to know that they entered sale agreements with several persons for the very same properties. When the same was questioned by the petitioner, the proposed accused assaulted the petitioner and abused her in filthy language. Therefore, the petitioner has preferred a complaint before the respondents on 15.05.2018. Since no action has been taken on the petitioner's complaint, the petitioner has come forward with this Criminal Original Petition seeking to register the case against the proposed accused.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Public Prosecutor submitted that the complaint made by the petitioner for execution of sale deed is

purely civil in nature. Hence, she work out her remedy before the competent Civil Court. But, so far as the complaint for the alleged assault against the petitioner is concerned, the same will be enquired in accordance with law within a period of three weeks from the date of receipt of a copy of this order. 4.In view of the above said submission made by the learned Additional Public Prosecutor, the second respondent is directed to conduct an enquiry and if the enquiry reveals any cognizable offence, then, he has to register a case and proceed in accordance with law, otherwise, further proceedings shall be dropped.

5. With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli.

2. The Sub-Inspector of Police, Thathaiyengarpettai Police Station, Thathaiyengarpettai, Tiruchirappalli District.

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

+1cc to Mr.S.Prabha, Advocate Sr.No.67465 Smn2 MK/SKN RSK/SAR 3/19.06.2018/2P/5C CRL.O.P.(MD) No.9131 of 2018 08.06.2018 https://hcservices.ecourts.gov.in/hcservices/