P.Kumaresan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20634 of 2015 P.Kumaresan ... Petitioner Vs State rep by Inspector of Police, Namakkal Town Police Station, Namakkal.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to register the complaint dated 17.07.2015 and investigate the matter.

For Petitioner : Mr.M.Madhankumar For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent to register the petitioner's complaint dated 17.07.2015.

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

3. On reading of the complaint, it appears that this petitioner had purchased a car under hire purchase agreement and that the car has been seized by the financier.

4. The Hon'ble Supreme Court in 2001[7] Supreme Today 239 K.T.Thomas, K.G.Balakrishnan, J.J.Charanjit Singh Chadha and Others Vs Sudhir Mehra, 2013 [1] SCC 400 Anup Sarmah Vs Bhola Nath Sharma and Others held that the vehicle seized by the financier purchased under hire purchase agreement, no criminal offence can be made against the financier.

5. With the above observation, this petition is closed, with liberty to the petitioner to workout his remedy in the manner known to law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya https://hcservices.ecourts.gov.in/hcservices/

To 1.The Inspector of Police, Namakkal Town Police Station, Namakkal.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. M. Madhan Kumar, Advocate SR.43321 CRL.OP.No.20634 of 2015 GP(CO) EU 18.09.15 https://hcservices.ecourts.gov.in/hcservices/