Allowed

K.P.Sivanantham v. Superintendent of Police

Madras HC3 Aug 2021CRL OP/13215/2021

Case brief

AI extract

What is this about?

This is a Single Judge order of the Madras High Court disposing of a Criminal Original Petition under Section 482 CrPC. The petitioner sought direction to register an FIR in a dispute previously held by a competent court to be civil in nature. The Court directed the police to conduct an enquiry after the petitioner appeared, setting aside the non-action based on the prior civil nature finding for

What did the court decide?

Director the second respondent (INSPECTOR OF POLICE) to conduct an enquiry in C.S.R.No.37 of 2021 and dispose of the same in accordance with law. The petitioner was directed to appear on 07.08.2021.

K.P.Sivanantham Vs Superintendent of Police — Pension and Retirement Benefits | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 03.08.2021

¶3

CORAM:

¶4

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

¶5

CRL.O.P.No.13215 of 2021

¶6

K.P.Sivanantham S/o, Pechimuthu

¶7

... Petitioner

¶8

Versus

¶9

The Superintendent of Police, Thirupur, Thirupur District.

¶10

The Inspector of Police, Dhalli Police Station, Udumalpet, Thirupur District. ... Respondents

¶11

PRAYER:

¶12

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to take further action and register the First Information Report on the petitioner complaint dated 13.02.2021 within time frame.

¶13

For Petitioner : Mr.C.Anbu

¶14

For Respondents: Mr.A.Damodaran

¶15

Government Advocate, (Criminal Side)

¶16

ORDER

¶17

This Criminal Original Petition has been filed by the petitioner to direct the second respondent to take further action and register the First Information Report on the petitioner complaint dated 13.02.2021 within time frame.

¶18

The petitioner has lodged a complaint on 13.02.2021 before the second respondent and thereafter CSR No.37 of 2021 was assigned. No action has been taken so far. Hence the petition.

¶19

3.The learned Government Advocate (Criminal Side) appearing for the respondents submits that in this case the counter

¶20

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

¶21

petitioner B.Kavitha had approached this Court in W.P.No.7974 of 2021 and this Court by an order dated 29.03.2021 had observed that the nature of the dispute involved in this case is a business dispute between the parties, and it is for the parties to redress the same before the appropriate Civil Court and the respondent police will have no role to play in the case of this nature and further directed the respondent police not to interfere in the business dispute between parties and it is open to the parties to agitate their rights before the competent civil court. In view of the same, the respondent police have not taken any action on the abovesaid C.S.R. Even though in the order W.P.No.7974 of 2021dated 29.03.2021, the petitioner is not a party, the dispute is one and the same.

¶22

Since the petitioner is ready to appear before the respondent police and explain in detail about his complaint and also produce the relevant documents which are available with him to prove that the said Kavitha has misappropriated the huge sum of money collected from the petitioner, the petitioner is directed to appear before the respondent police on 07.08.2021 and thereafter the respondent police is directed to conduct an enquiry in C.S.R.No.37 of 2021 and dispose the same in accordance with law.

¶23

With the abovesaid direction, the Criminal Original Petition is disposed of.

¶24

Sd/-

¶25

Assistant Registrar(CS IV)

¶26

//True Copy//

¶27

Sub Assistant Registrar

¶28

mfa

¶29

¶30

The Superintendent of Police, Thirupur,

¶31

Thirupur District.

¶32

The Inspector of Police, Dhalli Police Station, Udumalpet,

¶33

Thirupur District.

¶34

The Public Prosecutor, High Court, Madras.

¶35

+1cc to Mr.C.Anbu,Advocate, SR No. 37644

¶36

CRL.O.P.No.13215 of 2021

¶37

JPL(CO)

¶38

B.VC (03/08/2021)

¶39

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

K.P.Sivanantham v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

K.P.Sivanantham v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arun Sathya Vs the Passport Officer

Thiruppathi Vs State Rep.by

R.Vijayabaskar Vs the Inspector of Police

M.Ezhumalai Vs the Inspector of Police

Prabhu Vs State Rep by

M.Nandha KUmar Vs State By