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Madras High CourtCRL OP/11363/2012allowed

Sridhar v. The Inspector Of Police

2016-07-29Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.11363 of 2012 and MP.No.1 of 2012 in Crl.OP.No.11363 of 2012 and Crl.OP.No.30317 of 2015 and Crl.MP.No.229 of 2016 in Crl.OP.No.30317 of 2015 Sridhar ...

Petitioner in both Crl.OPs Vs 1.State, rep. by Inspector of Police, Tiruppur Rural Police Station, Tiruppur District.

Crime No.4196 of 2011.

..... 1st Respondent in Crl. OP.No.11363 of .. Respondent in Crl. OP.No.30317 of 2015 2.D.Chitra ..2nd Respondent in Crl.OP.11363 of 2012 Prayer in Crl.OP.No.11363 of 2012 :- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.4196 of 2011 on the file of the 1st respondent Police and quash the same. Prayer in Crl.OP.No.30317 of 2015 :- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent Police to file a final report pursuant to the registration of the First Information Report in Crime No.4196 of 2011 on the file 1st respondent Police.

For Petitioner :Mr.S.Sivasubramani for Mr.P.Venkatasubramanian For Respondent :Mr.C.Emalias [for R1] Additional Public Prosecutor

ORDER

These Criminal Original Petitions have been filed to quash the proceeding in Crime No.4196 of 2011 on the file of the respondent-Police.

2. On the complaint given by one Chitra, the second respondent Police registered a case in Crime No.4196 of 2011 dated 22.07.2011 against Sridhar, the petitioner herein, for offence under Section 4 of the Tamil Nadu Prohibition of Charging of Exorbitant Interest Act, challenging which,

Sridhar has filed Crl.OP.No.11363 0f 2012. Since the investigation was not completed in Crime No.4196 of 2011, Sridhar filed Crl.OP.No.30317 of 2015, for a direction to the respondent Police to complete the investigation in Crime No.4196 of 2011 within a time period.

3. When the case was taken up for hearing on 15.07.2016, the learned Additional Public Prosecutor submitted that the FIR in Crime No.4196 of 2011 is not available in Tiruppur Rural Police Station. Therefore, this Court directed the Assistant Comissioner of Police, Incharge of Tiruppur Rural, and the Inspector of Police, Tiruppur Rural Police Station to be present before this Court on 29.07.2016.

4. Mr.K.Mani, Assistant Commissioner of Police, South Range, Tiruppur City and Mr.M.Dhanasekaran, Inspector of Police, Rural Police Station, Tiruppur City are present today.

5. They submitted that the case in Crime No.4196 of 2011 was transferred on the orders of the Commissioner of Police, Tiruppur, from the file of the Inspector of Police, Tiruppur Rural Police Station, to the file of the Inspector of Police, Veerapandi Police Station, Tiruppur, as early as 16.12.2013.

6. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

7. Despite service of notice on Chitra, the second respondent / de facto complainant, there is no representation and she has also not entered appearance through an Advocate. Therefore, her name is printed in the cause-list.

8. The learned counsel for the petitioner submitted that the complaint given by Chitra does not disclose commission of cognizable offence, inasmuch as even according to her, the loan transaction was on 09.11.2010 and the complaint itself was given only on 20.07.2011.

9. That apart, even in the complaint she has stated that four civil cases have been filed by Sridhar against her, which are pending in various Courts. It is Chitra's contention that those four case are false cases.

10. In the considered opinion of this Court, the Police cannot investigate about the falsity of the cases, when the same is pending before the competent Court. The fact that four cases have been filed against Chitra itself shows that the petitioner is resorting to lawful means to recover the amounts.

11. In the result, this petition is allowed and FIR

registered by Inspector of Police, Tiruppur Rural Police Station, and now transferred to Inspector of Police, Veerapandi Police Station, Tiruppur, is hereby quashed. In view of the quashing of FIR, Crl.OP.No.30317 of 2015 is closed. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To:

1.The Inspector of Police, Tiruppur Rural Police Station, Tiruppur District.

2.The Inspector of Police, Veerapandi Police Station, Tiruppur.

3.The Public Prosecutor High Court, Madras.

+2 cc's to Mr.P.Venkatasubrmaniyan, advocate,sr.43339, 43338 rsy(co) krd 18/8 Crl.OP.No.11363 of 2012 and MP.No.1 of 2012 in Crl.OP.No.11363 of 2012 and Crl.OP.No.30317 of 2015 and Crl.MP.No.229 of 2016 in Crl.OP.No.30317 of 2015