Madras High CourtCRL OP/16148/2015closed

T.Rajendran v. The Sub Inspector Of Police

2015-09-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.16148 of 2015 T.Rajendran .. Petitioner Vs.

The Inspector of Police, Sooramangalam Police Station, Salem - 5, Salem District.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to register the complaint of the petitioner dated 03.06.2015 and Investigate the same in accordance with law to secure the ends of justice.

For Petitioner : Mr.K.Nagarajan For Respondent : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed to direct the respondent to register the complaint of the petitioner dated 03.06.2015 and investigate the same in accordance with law.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. On a reading of the complaint given by the petitioner dated 03.06.2015, it is seen that this petitioner had obtained vehicle loan from Sree Sivabaalan Motor Finance in the year 2011.

4. According to the petitioner, he has paid the entire dues in spite of which, his lorry has been taken away by some unknown persons. The Hon'ble Supreme Court has held in 2013 (1) SCC 400 (Anup Sarmah V. Bhola Nath Sharma) that in the matter relating to hire purchase agreement, the Financier will be entitled to re-posses the lorry and no criminal case for an offence under Section 420 I.P.C can be filed against the Financier.

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5. Under such circumstances, no positive direction can be issued to the petitioner by this Court to the respondent police to register a case against the Financier. However, the respondent police is directed to conduct an enquiry in CSR No.294 of 2015 and if it is found that a totally different person other than the agents and servants of Sree Sivabaalan Motor Finance Company had taken the lorry, then, appropriate action may be initiated against them. If the said Sivabaalan Motor Finance had taken the lorry for dues of money, then, no criminal action need to be taken against the Finance Company.

With the above direction, the criminal original petition is closed.

-s/d- Assistant Registrar(Records) dt:12/10/2015 True Copy Sub-Assistant Registrar sms To

1. The Inspector of Police, Sooramangalam Police Station, Salem - 5, Salem District.

2. The Public Prosecutor, High Court, Madras.

+1 cc to M/S.K.Nagarajan, Advocate sr.51188 CRL.OP.No.16148 of 2015 rsk(co) aa13/10/2015 https://hcservices.ecourts.gov.in/hcservices/