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Madras High CourtCRL OP(MD)/9444/2016disposed of

S.Ramamoorthy v. The Superintendent Of Police

2016-06-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9444 of 2016 S.Ramamoorthy

...Petitioner

-VsState rep.by 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Deputy Superintendent of Police, Turicorin District.

3.The Inspector of Police, Kulasekarapatinam, Tuticorin District.

...Respondents

Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the the respondents particularly the 3rd respondent to file an FIR against Mr.N.V.N.Surya prasath CEO NC Energy and other Board of Directors in lieu of complaint bearing No.1008 dated 01/04/2016 by the petitioner and investigate the same.

For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

It is an application seeking a direction to the third respondent to register a case based on the complaint of the petitioner dated 01.04.2016.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.The sum and substance of the complaint of the petitioner is that the petitioner has executed a sale deed in favour of the proposed accused for a sale consideration of Rs.23,10,000/-. The petitioner has got cheque for the said amount. But the proposed accused took back the cheque and requested the petitioner to collect the same from his office. Despite repeated efforts, the petitioner could not get the amount. As there was no case registered, the petitioner has come up with this petition. 4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending.

5.In view of the above submission, the third 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 https://hcservices.ecourts.gov.in/hcservices/

order. During the course of enquiry, if any cognizable offence is made out, the third 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. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Superintendent of Police, Tuticorin District, Tuticorin. 2.The Deputy Superintendent of Police, Turicorin District. 3.The Inspector of Police, Kulasekarapatinam, Tuticorin District.

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

+1cc to Mr.S.Ramakrishnan, Advocate in SR.31878 Crl.O.P.(MD).No.9444 of 2016 20.06.2016 MJ PBK/ARK-PV 23.06.2016 ::2P-6C:

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