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Madras High CourtCRL OP/17838/2015closed

A.Murugan v. Superintendent Of Police

2015-07-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2015 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.17838 of 2015 A.Murugan

...Petitioner

Vs.

1.Superintendent of Police Office of the Superintendent of Police, Peruthitta Valagam, Villupuram District.

2.State by Inspector of Police, Kiliyannur Police Station, Kiliyannur.

Villupuram District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondents to register the complaint dated 26.01.2015 and take necessary action against the accused persons. For Petitioner : Mr. B. Vijayakumar For Respondents : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents to register the complaint dated 26.01.2015 and take necessary action against the accused persons.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

3. On a reading of the complaint, it appears that a Chit was taken by the opposite party with the help of certain documents like Salary certificates that were allegedly stolen by the opposite party from the house of the petitioner in the year 2008. The opposite party has joined the chit with M/s.Sri Ram Chits Tamil Nadu (P) Ltd., https://hcservices.ecourts.gov.in/hcservices/

which is a registered chit and defaulted in making payments. The ARC proceedings were initiated by the Registrar of Chits and thereafter a decree was passed against this petitioner and the opposite party and consequently, execution proceedings have now been initiated in E.P.No.1931 of 2014 before the IX Assistant City Civil Court, Chennai. The petitioner has received notice in EP proceedings and now, he has taken a stand that the opposite party had stolen his salary slips and forged his signature and joined chit.

4. According to the petitioner, the Chit was taken in the year 2008 and all the documents will now be with the Registrar of Chits. It is always open to the petitioner to challenge the proceedings before the Registrar of Chits on the ground of fraud.

5. Under the facts and circumstances of this case, no positive direction can be given to the respondent police, at this distant point of time, to investigate the complaint given by the petitioner. Hence, the petition is closed with liberty to the petitioner, to work out his remedies in the manner known to law.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar sms To 1.Superintendent of Police Office of the Superintendent of Police, Peruthitta Valagam, Villupuram District.

2.The Inspector of Police, Kiliyannur Police Station, Kiliyannur.

Villupuram District.

3. The Public Prosecutor, High Court, Madras.

1 cc to Mr.B. Vijayakumar , Advocate Sr.No.36782 Crl.O.P.No.17838 of 2015 bvr(co) pmk.4.8.2015 https://hcservices.ecourts.gov.in/hcservices/