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Madras High CourtCRL OP(MD)/6149/2016closed

Abuthahir v. The Superintendent Of Police

2016-04-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6149 of 2016 Abuthahir

...Petitioner

-vs1. The Superintendent of Police, District Police Office, Madurai Road, Theni, Theni District.

2. The Deputy Superintendent of Police, District Crime Branch, District Police Office, Madurai Road, Theni, Theni District.

3. The Inspector of Police, District Crime Branch, District Police Office, Madurai Road, Theni, Theni District.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to register a case based on the complaint given by the petitioner on 23.02.2016. For Petitioner : Mr.K.Safar Badhusha For Respondents : Mr.C.Mayil Vahana Rajendran Addl. Public Prosecutor *****

O R D E R

This petition has been filed to direct the respondents to register a case based on the complaint given by the petitioner on 23.02.2016.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. On reading of the complaint dated 23.02.2016, it is seen that the petitioner has done business with the opposite party and it is alleged that the opposite party had not paid him the returns. Even in the complaint the petitioner has stated that the opposite party has returned Rs.49,000/-, Rs,30,000/- and Rs.10,000/- on various dates. Since it essentially appears to be a dispute between the partners, no positive direction can be issued to the respondent police to register an FIR.

4. Hence, this petition is closed with liberty to the petitioner to work out his remedy before the appropriate forum in the manner known to law.

Sd/- Assistant Registrar(Records) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS)

To:

1. The Superintendent of Police, District Police Office, Madurai Road, Theni, Theni District.

2. The Deputy Superintendent of Police, District Crime Branch, District Police Office, Madurai Road, Theni, Theni District.

3. The Inspector of Police, District Crime Branch, District Police Office, Madurai Road, Theni, Theni District.

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

+1CC to M/S.K.Safar Badhusha, Advocate, SR.No. 23280 Crl.O.P.(MD) No.6149 of 2016 22.04.2016 ar.

PBK/JGB-SS 10/05/2016 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/