N.Selvakumar v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2020
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.3648 of 2020 and Crl.MP.No.2134 of 2020 N.Selvakumar
...Petitioner
-vs1.The Commissioner of Police, Coimbatore City, Coimbatore.
2.The Inspector of Police, City Crime Branch, Crime No.42 of 2019, Coimbatore City.
3.S.D.Abdul Raheem 4.S.Rani 5.A.Felix Robinson 6.A.Velliangiri 7.I.Varadarajan 8.S.Mathiazhagan 9.P.Kanagamani 10.M.Kowsalya 11.N.Muthukumar 12.A.Sasikala 13.S.Iyyammal 14.Ramesh Arul Dass 15.N.Malathi 16.Vasanthamani 17.R.Saravanakumar 18.Krishnaveni 19.Balasubramaniam 20.A.Sridevi 21.R.Suresh 22.S.Vijaya
...Respondents
Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to treat the individual complaints given by the respondents 3 to 22 as the statements under Sec.161 (3) Cr.P.C., to Crime No.42 of 2019 for investigation instead of registering second or multiple FIRs., on the subsequent complaints of similar in nature.
For Petitioner : Mr.N.Manoharan For R1 & R2 : Mr.S.Karthikeyan Additional Public Prosecutor For R3 : Mr.N.Ponraj For R4, R6 to R9,R11 to R19, R21 and R22 : No Appearance For R5 : Mr.C.Rajaguru For R10 : Mr.A.Tamilarasan For R20 : Mr.Saravana Kumar
ORDER
This petition has been filed for direction directing the respondents 1 and 2 to treat the individual complaints lodged by the respondents 3 to 22 as statements under Section 161 (3) Cr.P.C.
2.The learned counsel appearing for the petitioner would submit that all the respondents approached the petitioner to avail bank loans. Therefore, on their request, the petitioner arranged loans for them. Except this, the petitioner is nothing to do with the loan transaction and he further submitted that all the individual respondents have availed loan. They are having their responsibility to repay loan to the concerned bank. All the respondents herein are defaulters from their payment of loan installments and their accounts have become empty. Further, the bank also has taken steps to recover the amounts which were borrowed by them under SARFAESI Act. However, only to escape proceedings under SARFAESI Act, the borrowers lodged false complaints alleging various allegations individually.
Even, according to the prosecution, all the respondents, viz., 3 to 22 have made similar allegations and as such there is no need to register each complaint. The 2nd respondent shall necessarily have to treat their complaints as statement recorded under Section 161 (3) of Cr.P.C. and to maintain one FIR.. As on today, three cases have been filed by the respondents in three different police station for the very set of some allegations. 3.The learned Additional Public Prosecutor would submit that the petitioner have not only arranged loan to the general public and he also opened joint account to the borrowers and treated them individually on different set of assurances. Therefore, every individual is affected and each one has different set of events as against the petitioner.
been registered on different set of allegations and different set of cause of actions and as such those complaints cannot be treated as statements and the same have to be investigated separately.
4.Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents. 5.Admittedly the petitioner arranged loan on various transactions to the respondents 3 to 22 herein. Therefore, all the respondents 3 to 22 are having different cause of actions and transactions as against the petitioner herein. Hence, this Court is not inclined to entertain this petition for treating the complaints of the respondents 3 to 22 as statements under Section 161(3) of Cr.P.C.
6.In view of the same, this Criminal Original Petition stands dismissed.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi To 1.The Commissioner of Police, Coimbatore City, Coimbatore.
2.The Inspector of Police, City Crime Branch, Crime No.42 of 2019, Coimbatore City.
3.The Public Prosecutor, High Court, Madras.
+1cc to M/s.N.Manokaran, Advocate, S.R.No.24785 Crl.OP.No.3648 of 2020 and Crl.MP.No.2134 of 2020 RLD(CO) KKV/06/08/2020