Ponnuswamy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.16997 of 2016 Ponnuswamy

...Petitioner

Vs.

1.The Commissioner of Police, Linemedu, Salem-636 005.

2.The Inspector of Police, Suramangalam Police Station, Suramangalam, Salem-636 005.

...Respondents

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register the complaint dated 19.07.2016.

For Petitioner : Mr.R.Kalyan Kishen Singh For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the 2nd respondent to register the complaint dated 19.07.2016.

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

3. On reading of the complaint dated 19.07.2016, it is seen that this petitioner is the Senior Manager in a nationalised bank and that he has obtained a mortgage loan of Rs.10,00,000/- in the year 2006. Now, it is alleged by him that he has paid the money, but the Company is not returning the title deeds.

4. In the considered opinion of this Court, Police cannot investigate such matters and that would amount to abuse of process of law. In a case of this nature, no positive direction can be issued as prayed for by the petitioner and https://hcservices.ecourts.gov.in/hcservices/

this petition is closed, with liberty to the petitioner to workout his remedies in the manner known to law. gya Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Commissioner of Police, Linemedu, Salem-636 005.

2.The Inspector of Police, Suramangalam Police Station, Suramangalam, Salem-636 005.

3.The Public Prosecutor, High Court, Madras.

KR/30/08/16 CRL.OP.No.16997 of 2016 https://hcservices.ecourts.gov.in/hcservices/