Dismissed

Bharat Vadhiya v. the Superintendent of Police

Madras HC10 Oct 2014CRL OP/26322/2014

Case brief

AI extract

What is this about?

The Court dismissed a Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to register a civil complaint regarding a breach of contract. The Court held the allegations made out only a civil dispute, quashing the petition to work out remedies through civil courts.

What did the court decide?

The petition for direction to register the case was dismissed; petitioner to work out civil remedies.

Bharat Vadhiya Vs the Superintendent of Police — Civil Procedure and Limitation | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 10.10.2014

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CORAM

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THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

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Crl.OP No.26322 of 2014

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Mr.Bharat Vadhiya ...Petitioner
Vs
1.The Superintendent of Police,
Tirupur,
Tirupur District.
2.The Inspector of Police,
District Crime Branch,
O/o The Superintendent of Police,
Tirupur, Tirupur District. ...Respondents

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Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register the petitioner's complaint dated 10.09.2014.

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For Petitioner : Mr.J.Rajmohan
For Respondents : Mr.M.Maharaja,
Additional Public Prosecutor
For Intervenor : Mr.K.Myilsamy

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ORDER

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The petitioner has come up with this petition seeking a direction to the respondent police to register the case on the basis of his complaint dated 10.09.2014.

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2.I have heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondents and I have also perused the records carefully.

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3.Mr.K.Myilsamy, learned counsel has intervened this matter on behalf of the proposed accused by name Mr.N.Chandrasekaran, Director of M/s.Nashika Industries India Limited.

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

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4.A perusal of the complaint would reveal that there was an agreement between the petitioner and the proposed accused. There is a breach of contract committed by the proposed accused. Hence, the petitioner has preferred the present complaint to the respondent police. Since, no action has been taken on the same, the petitioner is before this Court with this petition.

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5.In my considered opinion, these allegations make out only a civil dispute. Therefore, the direction as sought for by the petitioner cannot be granted and it is for the petitioner to work out his remedies in the manner known to law. Hence, the Criminal Original Petition is dismissed.

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Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
jbm
To
1.The Superintendent of Police,
Tirupur,
Tirupur District.
2.The Inspector of Police,
District Crime Branch,
O/o The Superintendent of Police,
Tirupur, Tirupur District.
3.The Public Prosecutor,
High Court, Madras.
1 CC to Mr.K.Myilsamy, Advocate SR.No.48478
Crl.OP No.26322 of 2014
AK (CO)
PSI (27.10.2014)

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

Bharat Vadhiya v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Bharat Vadhiya v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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