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Madras High CourtCRL OP(MD)/4441/2016closed

D. Mohanchand v. The Superintendent Of Police

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.4441 of 2016 D.Mohanchand ..Petitioner Vs 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to register the First Information Report on the basis of the complaint dated 23.02.2016 given by the petitioner for offences under Sections 294(b), 406, 420 and 506(ii) of Indian Penal Code and consequently direct the first respondent to supervise the investigation. For Petitioner :Mr.M.Murali 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 the First Information Report on the basis of the complaint dated 23.02.2016 given by the petitioner for offences under Sections 294(b), 406, 420 and 506(ii) of Indian Penal Code and consequently direct the first respondent to supervise the investigation.

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 23.02.2016, it is seen that the petitioner had entered into an agreement with the opposite party for the purchase of lands in the year 2008 and paid some advance, despite of which, the opposite party had not come forward to convey the land. When the dispute is essentially appears to be civil in nature, in order to give criminal colour, this petitioner has stated that the opposite party had threatened https://hcservices.ecourts.gov.in/hcservices/

the petitioner on 17.02.2016. Hence, no positive direction can be issued to the respondent police to register the F.I.R. on the complaint of the petitioner dated 23.02.2016. 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 ssl To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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

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

+1CC to Mr.M.Murali Advocate Sr.Mo.20559 GJM/AAL/MPA/29.4.16-2p-5C Crl.OP(MD)No.4441 of 2016 11.04.2016 https://hcservices.ecourts.gov.in/hcservices/