Madras High CourtCRL OP/20492/2015closed

L.Selvam v. The Inspector Of Police

2015-08-14Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20492 of 2015 L.Selvam .. Petitioner Vs 1.The Inspector of Police, Siva Kanchi Police Station, Kanchipuram.

2.The Manager, Magma Fincorp Limited, No.3, Nelson Manickam Road, Chetpet, Chennai - 2.

3.K.Venkatesan .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 1st respondent herein Inspector of Police, Siva Kanchi Police Station, Kanchipuram, to register the FIR in complaint made by the petitioner on 24.07.2015 and also to complete the investigation and file a final report accordingly within the time stipulated by this Court.

For Petitioner : Mr.M.Senthamizh Selvan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been filed praying for a direction to the 1st respondent to register a case on the basis of the complaint given by the petitioner dated 24.07.2015 and investigate the same in accordance with law.

2. Heard Mr.M.Senthamizh Selvan, learned counsel for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

appearing for the 1st respondent.

3. On a reading of the complaint, it appears that the petitioner has borrowed money on hire purchase for purchasing vehicles and had defaulted in making payment. The financier has not lodged any complaint against the petitioner. However, the petitioner has lodged the present complaint dated 24.07.2015, alleging that the financier is threatening him. Since the matter is essentially civil in nature and further the financier is entitled to take possession of the vehicles if there is default in payment, no positive direction can be given to the respondent police to register an FIR. Hence, this petition is closed with the liberty to the petitioner to workout his remedy in the manner known to law.

-s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar vsm To 1.The Inspector of Police, Siva Kanchi Police Station, Kanchipuram.

2.The Public Prosecutor, High Court, Madras.

CRL.OP.No.20492 of 2015 aa02/09/2015 https://hcservices.ecourts.gov.in/hcservices/