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Judgment
The petitioner is before this Court seeking for the following reliefs:
1.Issue a Writ of Mandamus quashing the NCR issued by Respondent No.3;
2.Direct Respondent No.3 to register FIR against Respondent Nos.4 and 5 for cognizable offences;
3.Direct Respondent No.3 to conduct fair and time-bound investigation and file charge-sheet in accordance with law;
4.Direct Respondent No.3 to secure, seize and protect the stolen wood materials;
5.Grant such other reliefs as this Hon'ble Court deems fit in the interest of justice and equity.
The petitioner and respondent No.5 had entered into an arrangement for respondent No.5 to render certain carpentry services as regards which the petitioner had made certain payments. Alleging that the work had not been carried out, the petitioner approached respondent No.4 and 5 for return of the said amounts. When it is alleged that the respondent scolded the petitioner and is in that background alleging that cognizable offences have been committed, the petitioner had filed a complaint.
The respondent-Police stating that there is no cognizant offence made out, issued a Non-Cognizable Report, it is challenging the same the petitioner is before this Court seeking for the aforesaid reliefs.
A perusal of the complaint would only indicate that there is a commercial transaction between the petitioner and respondents No.4 and 5, wherein certain services were to be rendered by respondents No.4 and 5 as regards which petitioner had made payment.
If at all these services were not rendered, it is for the petitioner to recover the said monies by instituting appropriate proceedings. There is no criminal element made out in the complaint which has been submitted requiring the registration of a complaint. More so, there is no cognizable offence which has been made out.
In that view of the matter, no grounds being made out, the petition stands dismissed.