Madras High CourtCRL OP/22501/2018disposed of

Palanivel, Aged 49 Years v. Superintendent Of Police,

2018-09-19Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22501 of 2018 Palanivel ... Petitioner Vs.

1. The Superintendent of Police, Tiruvarur District, Tiruvarur.

2.The Inspector of Police, Tiruthuraipoondi Police Station, Tiruthuraipoondi. ...Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, directing the Respondents to register the case based on the petitioner's complaint dated 30.10.2017.

For Petitioner : Mr.K.M.Subramaniam For Respondents : Ms.M.Prabhavathi Addl. Public Prosecutor

O R D E R

This petition has been filed directing the Respondents to register the case based on the complaint given by the petitioner dated 30.10.2017.

2.The learned counsel for the petitioner has submitted that the petitioner has purchased a harvesting machine by borrowing the loan from a Finance Company and eventhough, the petitioner has paid the dues regularly, all of a sudden, the Finance Company has taken away the said machine without assigning any reasons or prior notice and hence the petitioner has lodged a complaint before the second respondent on 30.10.2017, but so far, no action has been taken.

3. The learned Additional Public Prosecutor has submitted that the said complaint is still pending before the second respondent for enquiry.

4.Considering the aforesaid submissions, the second respondent is directed to expedite the enquiry and if the enquiry reveals any cognizable offence, then he has to https://hcservices.ecourts.gov.in/hcservices/

register a case and proceed further in accordance with law. In case, the enquiry reveals only a civil dispute, the second respondent has to direct the petitioner to approach the appropriate forum and get appropriate relief in accordance with law.

5. With the aforesaid observations, this petition is disposed of. No costs.

stm/gsp Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Tiruvarur District, Tiruvarur

2. The Inspector of Police, Tiruthuraipoondi Police Station, Tiruthuraipoondi.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.M.Subramaniam, Advocate S.R.No.65664 KR/25/10/18 Crl.O.P.No.22501 of 2018 https://hcservices.ecourts.gov.in/hcservices/