P.Subramani v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.10810 of 2018 P.Subramani .. Petitioner Vs.

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

2. State rep. by the Inspector of Police, Thirunagar Police Station (L&O), Madurai.

.. Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent police, the Inspector of Police, Thirunagar Police Station, (Law & Order), Madurai, to register the case on the basis of the complaint dated 04.06.2018.

For Petitioner : Mr.J.Sathish Kumar For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the 2nd respondent to register a case based on the petitioner's complaint dated 04.06.2018.

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

3. According to the petitioner, the petitioner made an agreement to the proposed accused, who is a Civil Engineer, having office at Anna Nagar, Madurai, in the name and style of "M/s. Asser Construction and Consulting Co.", to renovate the petitioner's old building at the rate of Rs.28,00,000/-. Though the petitioner paid a total sum of Rs.20,00,000/- to the proposed accused through RTGS on various dates, the proposed accused had done the construction work worth about Rs.10,00,000/- only, when the same was questioned by the petitioner and his son, the proposed accused and his father threatened them with dire consequences. Hence, the petitioner made a complaint to the 2nd https://hcservices.ecourts.gov.in/hcservices/

respondent police against the proposed accused on 04.06.2018. But no action has been taken on the said complaint sofar. Hence, the present petition has been filed before this Court.

4. When the matter was taken up for hearing, the learned Additional Public Prosecutor on instructions, would submit that both the parties have appeared for enquiry and since the dispute between the parties is purely civil in nature, the respondent police advised both the parties to work out their remedy through Civil Court and closed the complaint. He also produced a copy of the closure report before this Court.

5. Recording the submission made by the learned Additional Public Prosecutor, the Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/ Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Thirunagar Police Station (L&O), Madurai.

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

+1cc to Mr.J.SATHISH KUMAR, Advocate, SR.No. 70694 CRL.OP.(MD) No.10810 of 2018 02.07.2018 PJL KK/RSK/SAR-1/10.07.2018/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/