LAWS(APH)-2013-12-68

A.V.SANTOSH KUMAR Vs. SAJJID HUSSAIN

Decided On December 30, 2013
A.V.Santosh Kumar Appellant
V/S
Sajjid Hussain Respondents

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to declare the inaction of the police in registering a F.I.R. on the report given by the petitioner on 16.11.2013, as illegal and arbitrary.

(2.) I have heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Home.

(3.) The petitioner averred that he joined as a shareholder in Delta Cabs Company, by depositing Rs.1,00,000/- vide State Bank of India cheque No.247491 towards his share capital, that respondents 1 and 2 are the partners of the said Delta Cabs Company and they have entered into an agreement with the petitioner on 06.05.2012. As respondents 1 and 2 allegedly absconded with the company funds and are not paying interest on the petitioner's capital amount or profit in the business, the petitioner has lodged a report on 11.11.2013 and also on 16.11.2013 against respondents 1 and 2 for offences under Sections 420, 120-B, 406 and 409 I.P.C. As F.I.R. has not been registered even after expiry of more than one month, the petitioner filed this writ petition.