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.