Madras High CourtCRL OP/19330/2015closed

S.Sunderasekar v. The Inspector Of Police

2015-08-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19330 of 2015 S.Sunderasekar ... Petitioner/Defacto Complainant Vs State by, Inspector of Police, V4 - Rajamangalam Police Station, Rajamangalam, Chennai.

... Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to register the FIR based on the petitioner's complaint dated 14.07.2015, pending on the file of the Inspector of Police, Rajamangalam Police Station. For Petitioner : Mr.S.Silambu Selvan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to direct the respondent to register the FIR based on the petitioner's complaint dated 14.07.2015, pending on the file of the Inspector of Police, Rajamangalam Police Station.

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

3. On a reading of the complaint, it appears that Car in question was purchased by one Ramalingam, on a hire purchase agreement with Cholamandalam Investment and Finance Company Limited, Chennai. Since, Ramalingam was not able to repay the amount, he entered into an agreement with one Annamalai on 17.05.2014, under which the Car was sold to Annamalai on condition that he should pay the EMI to Cholamandalam Investment and Finance Company Limited. It appears that Annamalai, in turn sold the Car https://hcservices.ecourts.gov.in/hcservices/

to this petitioner by an agreement dated 14.07.2014, on condition that, this petitioner should pay the EMI to Cholamandalam Investment and Finance Company Limited.

4. According to the petitioner, he has been regularly paying the EMI to Cholamandalam Investment and Finance Company Limited, inspite of which, Ramalingam and his group had illegally seized the Car. Hence, the petitioner had lodged a complaint dated 14.07.2015 to the respondent Police.

5. In view of the above, the respondent Police is directed to conduct enquiry and take action in accordance with law.

6. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(AD I) //True Copy// Sub Assistant Registrar ds To

1. The Inspector of Police, V4 - Rajamangalam Police Station, Rajamangalam, Chennai.

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.S.Silambu Selvan, Advocate, S.R.No.40858 Crl.OP No.19330 of 2015 RJ(CO) CA(20/08/2015) https://hcservices.ecourts.gov.in/hcservices/