Madras High CourtCRL OP(MD)/7050/2016disposed of

K.S.Yuvaraja v. The Commissioner Of Police

2016-06-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.7050 of 2016 K.S.Yuvaraja .. Petitioner .Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station, Madurai.

.. Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to issue a direction to the second respondent to register a case on the basis of the petitioner's complaint, dated 21.02.2016 within a stipulated time and submit the report before this Court.

For Petitioner : Mr.A.Rajaram For Respondents : Mr.A.P.Balasubramani Govt. Advocate(Crl. Side)

ORDER

This petition has been filed seeking a direction to the 2nd respondent to register a case on the basis of the petitioner's complaint, dated 21.02.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. According to the complaint, the petitioner has paid a sum of Rs.1,50,000/- to the accused persons for obtaining a loan of Rs.6 lakhs from the Insurance Company. It is further averred in the complaint that neither the said loan has been obtained nor the said sum of Rs.1,50,000/- has been returned. However, on repeated demand the accused persons have returned a sum of Rs.49,000/- out of the same, withhelding the balance amount. When the balance amount was demanded by the petitioner herein, they have threatened him.

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4. According to the learned Government Advocate (Crl. Side), petition enquiry is stated to be pending before the 2nd respondent.

5. In view of the above submission, the respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC).In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Anna Nagar Police Station, Madurai.

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

RR AA/SK-SKN/SAR-II/10.06.2016/2p-4c Crl.O.P(MD)No.7050 of 2016 01.06.2016 https://hcservices.ecourts.gov.in/hcservices/