Madras High CourtCRL OP(MD)/2854/2016closed

K.Jagadeesan v. The Superintendent Of Police

2016-02-18Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2854 of 2016 K.Jagadeesan ... Petitioner vs.

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

2.State, Rep. By the Inspector of Police, Pamban Police Station, Pamban, Ramnad District.

... Respondents PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to instruct the second respondent to register the case on the basis of the petitioner's complaint dated 01.02.2016. For Petitioner : Mr.S.Mahendrapathy For Respondents : Mr.K.V.Rajarajan Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the first respondent to instruct the second respondent to register the case on the basis of the petitioner's complaint dated 01.02.2016.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate(Crl.Side) appearing for the State.

3. On a reading of the complaint, it is seen that the opposite parties have agreed to pay Rs.4 Lakhs to the petitioner on 26.07.2015 and they have paid only Rs.50,000/- and they had agreed to pay the balance sum of Rs.3,50,000/- within 19 days. Since they have not paid the amount, the petitioner has sent a complaint dated 01.02.2016 to the https://hcservices.ecourts.gov.in/hcservices/ police. On a reading of the complaint, the dispute is essentially a money

transaction and hence, no positive direction can be issued to the respondent police to register the F.I.R. on the complaint of the petitioner dated 01.02.2016. Hence, this Criminal Original Petition is closed with liberty to the petitioner to workout his remedy in the manner known to law.

Sd/ Assistant Registrar(w) /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Pamban Police Station, Pamban, Ramnad District.

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

+1CC to Mr.S.Mahendrapathy, Advocate, SR.No. 10113. Crl.O.P(MD)No.2854 of 2016 22.02.2016 AM/AN.MP/SAR-I/01.03.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/