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Madras High CourtCRL OP(MD)/2346/2016closed

R.Russel Raj v. The Superintendent Of Police

2016-02-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2346 of 2016 R.Russel Raj ... Petitioner vs.

The State rep.by

1. The Superintendent of Police Nagercoil, Kanyakumari District

2. The Inspector of Police Karungal Police Station Kanyakumari District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the second respondent herein to register a case on the basis of the petitioner's complaint, dated 15.11.2015, and investigate the case in accordance with law.

For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.K.V.Rajarajan, G.A.(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the second respondent to register a case, based on his complaint, dated 15.11.2015.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. On reading of the complaint, dated 15.11.2015, it is seen that the transaction between the petitioner and the opposite party is simply a civil transaction with regard to loan, in which a promissory note has been executed. Under such circumstances, no positive direction can be given to the respondent Police to register a case. Accordingly, this criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law.

Sd/ Assistant Registrar RTI) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

krk To

1. The Superintendent of Police, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

Cn/GSV-AN/22.2.2016/4c-2p Crl.O.P.(MD) No.2346 of 2016 https://hcservices.ecourts.gov.in/hcservices/