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Madras High CourtCRL OP/18196/2016closed

Kasi Viswanathan, 35 Years, v. The Commissioner Of Police,

2016-08-16Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18196 of 2016 R. Kasi Viswanathan ... Petitioner Vs.

1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Asst. Commissioner of Police, Office of the Assistant Commissioner of Police, Puzhal, Chennai - 600 066.

3.The Inspector of Police (Crime), Puzhal Police Station, (M.3), Chennai - 600 066.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C praying to direct the 3rd respondent to register the complaint of the petitioner dated 06.08.2016 and investigate the same in accordance with law. For Petitioner : Mr.K.Nagarajan For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the third respondent to register the complaint of the petitioner dated 06.08.2016.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is the case of the petitioner that he is the driver of a lorry owned by one Siva. When the lorry was parked near Puzhal by the petitioner, it was taken away by the representative of the finance company without intimation to the petitioner and the owner of the lorry.

4. The learned Additional Public Prosecutor submits that the lorry belonging to Siva was taken away by the financier for default in payment of finance dues.

5. Under such circumstances, no positive direction can be issued to the third respondent Police to register an FIR.

In view of the above, this Criminal Original Petition is closed with liberty to the petitioner to work out his remedy in the manner known to law. 16.08.2016 ds To:

1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Asst. Commissioner of Police, Office of the Assistant Commissioner of Police, Puzhal, Chennai - 600 066.

3.The Inspector of Police (Crime), Puzhal Police Station, (M.3), Chennai - 600 066.

4.The Public Prosecutor High Court, Chennai.

P.N.PRAKASH, J ds Crl.O.P.No.18196 of 2016 16.08.2016