Madras High CourtCRL OP(MD)/3060/2016closed

S.Pitchai v. The Superintendent Of Police

2016-02-23Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP (MD) No.3060 of 2016 S.Pitchai

...Petitioner

Vs 1.The Superintendent of Police Theni District, Theni.

2.Inspector of Police District Crime Branch, Theni, Theni District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent herein to register a case against all the proposed accused based upon the complaint of the petitioner dated 08.07.2015 made before the first respondent herein which was forwarded to him, investigate the same, and to file final report against all the proposed accused in accordance with law.

For Petitioner :

Mr.P.Senrayar For Respondents :

Mrs.S.Prabha Government Advocate(Crl.side)

O R D E R

This petition has been filed to direct the second respondent herein to register a case against all the proposed accused based upon the complaint of the petitioner dated 08.07.2015.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

3.On reading of the complaint dated 08.07.2015, essentially it appears that there is civil dispute between the petitioner and the opposite party and the property in question was given as security to the State Bank of India, Cumbum Branch and prelitigation notice has been issued by the Debts Recovery Tribunal, Madurai, against the petitioner as well as the opposite party. Hence, this Court cannot give any direction to the respondent police to register FIR on the complaint of this nature given by the petitioner. Hence, this Criminal Original Petition is closed https://hcservices.ecourts.gov.in/hcservices/

with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar CM To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, District Crime Branch,Theni,Theni District.

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

+one cc to M/s.B.Brijesh Kishore, Advocate in SR.No.10889 CM CSL/SK-SKN/01.03.2016/2P/5C Crl.OP(MD) No.3060 of 2016 23.02.2016 https://hcservices.ecourts.gov.in/hcservices/