P.Ramasamy v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :08.01.2016
CORAM:
THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.30364 of 2015 P.Ramasamy ..Petitioner Vs.
Superintendent of Police, District Crime Branch, Coimbatore District.
..Respondent Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondent to register the complaint of the petitioner dated 05.10.2015 and proceed with the investigation in accordance with law.
For Petitioner : Mr.T.Gowthaman For Respondent : Mr.C.Emalias, Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to direct the respondent to register the complaint of the petitioner dated 05.10.2015 and proceed with the investigation in accordance with law.
2. The case of the petitioner is that the petitioner is doing a Real Estate Business. While so, one P.S.Chellamuthu, his wife Sumathi and her father P.Kanthasamy approached the petitioner and stated that they have owned many properties in Coimbatore, which were mortgaged with the bank and few other finance companies. Further, they stated that the properties were valuable and could be sold for a huge profit and if the amount due to the bank and financial institutions were repaid, there was no other dispute with respect to the said properties. Hence, the petitioner got an encumbrance certificate, which do not reflect any encumbrance in the properties in question. Therefore, the petitioner had entered into an agreement of sale on 17.02.2012 with said Sumathi with respect to the
properties in S.Nos.414 to 418 at Thudiyalur Village, Coimbatore and paid a sum of Rs. 70,00,000/- as against the total sale consideration of Rs.75,00,000/-. Further, they extended the aforesaid sale agreements on 17.08.2012 and 17.08.2013 by taking a sum of Rs.3,50,000/- from the petitioner.
3. On 14.09.2015, the petitioner came to know through newspaper reports that the said persons have been running a fraudulent chit fund in the name and style of M/s Abilash Auto Finance, consequent to which, the aforesaid properties came to be attached and brought for auction. Further, the petitioner came to know that they have taken the money from the petitioner only to release their properties from the Court and they had no intention to sell the properties to the petitioner and thereby, they have cheated the petitioner. Hence, the petitioner questioned the same, they did not respond properly and they told that the properties have been sold and the sale proceeds were with the District Revenue Officer and the money has to be collected from the District Revenue Officer. Hence, the petitioner lodged a complaint before the respondent-police. Since till date no action was taken by the respondent-police, the petitioner has filed the present criminal original petition.
4. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
5. The learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.No.474/2015 has been assigned and the matter is pending for enquiry.
6. In view of the submissions made by the petitioner as well as the Additional Public Prosecutor, this Court directs the respondent to conduct enquiry on the complaint of the petitioner dated 05.10.2015 in C.No.474 of 2015 and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the respondent is directed to proceed further in accordance with law, as early as possible. If no prima facie case is made out or matter is of civil nature, the respondent is directed to pass an appropriate order on the said complaint.
7. This criminal original petition is disposed of accordingly. Ari Sd/- Assistant Registrar (C.C.C.) /True Copy/ Sub-Assistant Registrar To
1. The Superintendent of Police, District Crime Branch, Coimbatore District.
2. The Public Prosecutor, High Court, Madras.
+1 C.C. To MR.T.Gowthaman, Advocate in SR.NO.1663 Crl.O.P.No.30364 of 2015 SK(CO) sd : 28/01/2016 .2016