Madras High CourtCRL OP(MD)/4387/2016disposed of

C.Jegan v. The Deputy Commissioner Of

2016-04-11Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP(MD)No.4387 of 2016 C.Jegan ..Petitioner Vs

1. The Deputy Commissioner of Police, Madurai, Madurai District.

2. The Inspector of Police, S.S.Colony, Crime, Madurai, Madurai District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to register a case/F.I.R. Against the proposed accused person on the basis of the complaint given by the petitioner dated 01.02.2016 and investigate into the case.

For Petitioner : Mr.M.Palpandian For Respondents : Mrs.S.Prabha Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the second respondent to register a case/F.I.R. Against the proposed accused person on the basis of the complaint given by the petitioner dated 01.02.2016 and investigate into the case.

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 dated 01.02.2016, it is seen that the petitioner wanted money and therefore he and his family members had executed Power of Attorney in favour of one Manikandan towards the promise of getting loan for a sum of Rs.Fifty Lakhs from various persons. Thereafter, it is alleged by the petitioner that the said Manikandan did not obtain the loan and therefore the Power of Attorney was cancelled on 30.10.2015 by https://hcservices.ecourts.gov.in/hcservices/

document No.4172 of 2015. Now it is alleged by the petitioner that on the strength of the Power of Attorney that was earlier given, the said Manikandan had caused encumbrance to the property.

4. In view of the above, the dispute is essentially appears to be civil in nature. Under such circumstances, 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 /TRUE COPY/ Sub Assistant Registrar To

1. The Deputy Commissioner of Police, Madurai, Madurai District.

2. The Inspector of Police, S.S.Colony, Crime, Madurai, Madurai District.

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

Ssl JM/GSV-PM/22.04.2016/2P-4C Crl.OP(MD)No.4387 of 2016 11.04.2016 https://hcservices.ecourts.gov.in/hcservices/