M/S.Uco Bank v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI M/s.UCO Bank, Represented by its Deputy General Manager & Zonal head Mr.Rajesh Kumari Tiwari, S/o.Late Ramashankar Tiwari, aged 47 years Having Office at UCO Bank Zonal Office, II Floor, No.321 Thambu Chetty Street, Chennai-600 001.
.. Petitioner/Complainant Vs.
1. The Commissioner of Police, O/o.The Commissioner of Police, Avadi Commissionerate, Avadi, Chennai-600054 2.The Assistant Commissioner of Police, O/o.Assistant Commissioner of Police, Ambattur, Chennai-600053.
3.The Inspector of Police, T-1, Ambattur Police Station, Ambattur, Chennai-600053.
.. Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure Code, seeking a direction to the 3rd Respondent herein- "The Inspector of Police Ambattur T1-Police Station", to register the FIR on the compliant Dt.05/01/2023 lodged by the petitioner in view of the order Dt.14/02/2023 made in Crl.M.P.No.1147/23 by the Learned Judicial Magistrate Ambattur.
For Petitioner : Mr.P.S.Ganesh For respondent : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking to direct the 3rd Respondent Police to register the FIR on the compliant Dt.05/01/2023 lodged by the petitioner.
2. It is the case of the prosecution that initially, on 31.12.2022, the petitioner lodged a complaint before the T1-Ambattur Police Station, Ambattur alleging that one K.N.Subash Kumar and associated namely D.Raju and Pranav have availed jewel loans from the petitioner bank on various dates by pledging spurious jewels for which the FIR was registered
in Crime No.893/2022 as against the first accused namely Subash Kumar. Subsequently, on 05.01.2023, the petitioner made a complaint before the Inspector of Police, T1-Ambattur Police Station. Since, the same was not considered, the petitioner filed a petition under section 156 (3) of Cr.P.C before the learned Judicial Magistrate, Ambattur in Crl.M.P.No1147/2023 seeking a direction to the 3rd respondent to register a FIR on the basis of the complaint dated 05.01.2023 made by the petitioner for the alleged offences under Section 34, 120, 406, 420 and 511 of IPC and to investigate the matter in accordance with law and the said petition was allowed vide order dated 24.05.2023 directing the 3rd respondent to register FIR against the accused persons. However, till date, the said order has not been complied with by the 3rd respondent. Hence, the present petition.
3. Learned counsel for the petitioner submitted that inspite of the order having been passed by the learned Judicial Magistrate, Ambattur directing registration of FIR for the alleged offences, till date, the 3rd respondent has not taken any effective steps to comply with the said order. Hence, this Court may issue a direction to the 3rd respondent to register the
FIR against the accused persons within the time that may be stipulated by this Court.
4. On the above contention, this Court heard the learned Government Advocate appearing for the respondents.
5. In view of the limited relief sought for by the petitioner, the 3rd respondent is directed to comply with the order passed by the learned Judicial Magistrate, Ambattur in Crl.M.P.No.1147 of 2023 forthwith.
6. Accordingly, this Criminal Original Petition stands disposed of with the above direction.
22.04.2024 NHS
To 1.The Commissioner of Police, O/o.The Commissioner of Police, Avadi Commissionerate, Avadi, Chennai-600054 2.The Assistant Commissioner of Police, O/o.Assistant Commissioner of Police, Ambattur, Chennai-600053.
3.The Inspector of Police, T-1, Ambattur Police Station, Ambattur, Chennai-600053.
M.DHANDAPANI, J.
NHS 22.04.2024