Abuthahir Vs. The Superintendent of Police, Theni District and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1191182
SubjectEducation
CourtChennai Madurai High Court
Decided OnApr-22-2016
Case NumberCrl.O.P.(MD) No. 6149 of 2016
JudgeP.N. Prakash
AppellantAbuthahir
RespondentThe Superintendent of Police, Theni District and Others
Excerpt:
(prayer: criminal original petition filed under section 482 of cr.p.c., praying to direct the respondents to register a case based on the complaint given by the petitioner on 23.02.2016.) 1. this petition has been filed to direct the respondents to register a case based on the complaint given by the petitioner on 23.02.2016. 2. heard the learned counsel for the petitioner and the learned additional public prosecutor appearing for the state. 3. on reading of the complaint dated 23.02.2016, it is seen that the petitioner has done business with the opposite party and it is alleged that the opposite party had not paid him the returns. even in the complaint the petitioner has stated that the opposite party has returned rs.49,000/-, rs,30,000/- and rs.10,000/- on various dates. since it essentially appears to be a dispute between the partners, no positive direction can be issued to the respondent police to register an fir. 4. 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.
Judgment:

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to register a case based on the complaint given by the petitioner on 23.02.2016.)

1. This petition has been filed to direct the respondents to register a case based on the complaint given by the petitioner on 23.02.2016.

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

3. On reading of the complaint dated 23.02.2016, it is seen that the petitioner has done business with the opposite party and it is alleged that the opposite party had not paid him the returns. Even in the complaint the petitioner has stated that the opposite party has returned Rs.49,000/-, Rs,30,000/- and Rs.10,000/- on various dates. Since it essentially appears to be a dispute between the partners, no positive direction can be issued to the respondent police to register an FIR.

4. 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.