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Madras High CourtCRL OP/6398/2015dismissed

Vimal v. The Inspector Of Police

2015-03-17Honourable Mr Justice R.S.Ramanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.Nos.6398 to 6400 of 2015 Vimal

...Petitioner in all Crl.O.Ps.

vs.

The Inspector of Police, Chinnasalem Police Station, Villupuram District.

...Respondent in Crl.O.P.No.6398/2015

The Deputy Superintendent of Police, District Crime Branch, Villupuram.

...Respondent in Crl.O.P.Nos.6399 and 6400/2015

Prayer in Crl.O.P.Nos.6398 of 2015:- Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the respondent to register the case on the complaint, dated 26.12.2014, pending on the file of the respondent, viz., the Inspector of Police, Chinnasalem Police Station, Villupuram District, and to investigate the same.

Prayer in Crl.O.P.Nos.6399 of 2015:- Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the respondent to register the case on the complaint, dated 17.11.2014, pending on the file Deputy Superintendent of Police, District Crime Branch, Villupuram, and to investigate the same. Prayer in Crl.O.P.Nos.6400 of 2015:- Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the respondent to register the case on the complaint, dated 17.11.2014, pending on the file Deputy Superintendent of Police, District Crime Branch, Villupuram, and to investigate the same.

For Petitioner : Mr.K.R.Ramesh Kumar For Respondent : Mr.M.Maharaja Additional Public Prosecutor COMMON O R D E R These Petitions are filed under Section 482 Cr.P.C. seeking for a direction upon respondents to register the petitioner's complaints dated 26.12.2014 and 17.11.2014.

2. Heard Mr.K.R.Ramesh Kumar, learned counsel appearing for the petitioner and Mr.M.Maharaja, learned Additional Public Prosecutor for the respondent/Police.

3.

Upon perusing the materials placed on record, it is seen that the vehicles stand in the name of the borrowers and they were the subject matter of hire purchase transaction, and the borrowers committed default in payment of dues and when the petitioner, who is a Financier, took steps to seize the vehicles, they were not available. Hence, the petitioner wants case to be registered against borrowers.

3.

According to me, issues cannot be agitated before the Police, as the same is of civil in nature. Hence, this Criminal Original Petitions are dismissed leaving open to the petitioner to workout his remedy before appropriate forum, by filing suit for recovery of amount.

Sd/- Deputy Registrar(J) //True Copy// Sub Assistant Registrar sd

To 1.

The Inspector of Police, Chinnasalem Police Station, Villupuram District.

2.

The Deputy Superintendent of Police, District Crime Branch, Villupuram.

3. The Public Prosecutor, High Court, Madras.

3 CCs to Mr.K.R.Ramesh Kumar, Advocate SR.No. 14734, 14732, 14733 Crl.O.P.Nos.6398 to 6400 of 2015 GJ (CO) PSI (29.04.2015)