N.S.Chengalvarayan v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.14268 of 2016 N.S.Chengalvarayan ..Petitioner/Defacto Complainant Vs
1. The Commissioner of Police, Salem City Police, Salem Commissionerate, Line Medu, Salem.
2. K.Saravanan ..Respondents (Impleaded as 2nd respondent as per order of this Hon'ble Court dated 25.07.2016 in Crl.MP.
No.7537 of 2016 in Crl.OP.
No.14268 of 2016) Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to issue suitable direction to the respondent herein viz., The Commissioner of Police, Salem City Police, Salem, to appoint a Special Team to investigate the petitioner's complaint dated 29.06.2016 and to register the same. For Petitioner :Mr. K.Balu For Respondent :Mr.C.Emalias No.1 Additional Public Prosecutor For Respondent : Mr.A.Thiagarajan No.2
ORDER
This criminal original petition has been filed seeking a direction to the first respondent to appoint a Special Team to investigate the petitioner's complaint dated 29.06.2016 and to register the same.
2. For the sake of convenience, the parties will be referred to as their names.
3. K.Saravanan, second respondent appears to have supplied yarn to one Ravikumar and his wife Rajeswari for a sum of Rs.1,40,83,370/-, which is supposed to be due to Saravanan.
4. It is the case of Saravanan that Ravikumar and Rajeswari agreed to transfer a property, which is belonging to them towards the discharge of the said liability. The said property was under mortgage with Kotak Mahindra Bank, Chennai, which was also known to Saravanan.
5. While so, Saravanan appears to have paid Rs.2,81,191/- on 28.07.2015 directly to Kotak Mahindra Bank, Chennai towards mortgage amount. It is further stated that on 06.03.2013 Rajeswari had executed an undertaking agreeing to transfer the said property. She has also executed a power of attorney on 28.03.2013 in favour of Saravanan, which was registered. On the strength of the said power of attorney, it appears that Saravanan received Rs.4,00,000/- advance from one Thiruvalluvan and handed over the same to Rajeswari and Ravikumar on 07.06.2013.
6. While so, it is alleged by Saravanan that Rajeswari unilaterally cancelled the power of attorney on 28.03.2013 and thereafter, sold the said property to Chengalvarayan, who purchased the property in the name of his son Karthick Kumar, after getting loan from Bank of India. Chengalvarayan and Karthick Kumar were aware of the mortgage with Kotak Mahindra Bank.
7. Under such circumstances, Saravanan has lodged a complaint alleging that Rajeswari had cheated him in collusion with Karthick Kumar. Based on the complaint, the Central Crime Branch, Salem, registered a case in Crime No.8 of 2016 for offences under Sections 120(B), 420 IPC against Ravikumar, Rajeswari and Karthick Kumar.
8. While so, Chengalvarayan has lodged a complaint dated 29.06.2016 contending that the property purchased from Rajeswari is having different survey number. But whereas, the transaction between Rajeswari and Saravanan, is with regard to another survey number.
9. In the considered opinion of this Court, the entire dispute appears to be civil in nature and no direction can be issued to the respondent police to register a fresh FIR on the complaint dated 29.06.2016 given by the petitioner against Saravanan, inasmuch as already an FIR No.8 of 2016 has been registered for the same transaction.
10. Under such circumstances, the Central Crime Branch, Salem, is directed to bear in mind the different Survey numbers and the facts and circumstances of the case and if it
is found that Karthick Kumar is an innocent purchaser, it is needless to state that he shall be dropped from array as an accused.
With the above said observation and direction, the criminal original petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sms To
1. The Commissioner of Police, Salem City Police, Salem Commissionerate, Line Medu, Salem.
2. The Inspector of Police, Central Crime Branch, Salem.
3. The Public Prosecutor, High Court, Madras.
+ 1 cc to Mr.A.Thiagarajan, Advocate Sr.44958 + 1 cc to Mr.K. Balu, Advocate Sr.45086 Crl.OP No.14268 of 2016 SR(CO) Eu 29.08.16