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Jeeva Vs. The Deputy Commissioner of Police (LandO), Madurai and Another

Jeeva vs The Deputy Commissioner of Police (LandO), Madurai and Another

Type Court Judgment Court Chennai Madurai Decided Apr 15, 2016
~1 min read
https://sooperkanoon.com/case/1191381

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Citation
Court
Chennai Madurai High Court
Judge
Decided On
Case Number
Crl.O.P.(MD)No. 5578 of 2016
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Jeeva

Respondent

The Deputy Commissioner of Police (LandO), Madurai and Another

Excerpt

(prayer: criminal original petition filed under section 482 of cr.p.c., praying to direct the 2nd respondent to register a case against the accused on the complaint dated 06.02.2016.) 1. this petition has been filed to direct the 2nd respondent to register a case against the accused on the complaint dated 06.02.2016. 2. heard the learned counsel for the petitioner and the learned government advocate (crl.side) appearing for the state. 3. on reading of the complaint dated 06.02.2016, the dispute essentially appears to be civil in nature in as much as the opposite party had borrowed rs.10 lakhks and executed a mortgage deed, which was registered as doc.no.611 of 2013. now, it is alleged by the petitioner that the mortgage property is ancestral property and there are encumbrances. 4. in a case of this nature, no positive direction can be issued to the respondent police to register an fir. 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.

Full Judgment

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case against the accused on the complaint dated 06.02.2016.)

1. This petition has been filed to direct the 2nd respondent to register a case against the accused on the complaint dated 06.02.2016.

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

3. On reading of the complaint dated 06.02.2016, the dispute essentially appears to be civil in nature in as much as the opposite party had borrowed Rs.10 lakhks and executed a mortgage deed, which was registered as Doc.No.611 of 2013. Now, it is alleged by the petitioner that the mortgage property is ancestral property and there are encumbrances.

4. In a case of this nature, no positive direction can be issued to the respondent police to register an FIR. 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.

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