Madras High CourtCRL OP/7242/2015closed

S.Duraisamy, v. The District Superintendent Of

2015-04-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2015 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.7242 of 2015 S.Duraisamy ... Petitioner Vs.

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

2. The Deputy Superintendent of Police (Crime Branch) Salem District,Salem.

3. The Inspector of Police, District crime Branch Salem, Salem district ... Respondents Prayer:- Petition has been filed under Section 482 of Cr.P.C. to direct the 3rd respondent to register the petitioner's complaint dated 02.02.2015 and investigate the same in accordance with law For Petitioner : Mr.P.K.Natarajan For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition to direct the 3rd respondent to register the petitioner's complaint dated 02.02.2015 and investigate the same in accordance with law. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. According to the petitioner/complainant, he gave a sum of Rs.10,00,000/- to the proposed accused on 12.07.2014 as loan and the proposed accused promised that he will repay on 12.08.2014 and it is alleged that the proposed accused is not returning the amount.

4. In the considered opinion of this Court, in a case where the petitioner has lent money, the police has no authority for collecting the money and that will be exceeding the jurisdiction of the police power. However, it is open to the petitioner to work https://hcservices.ecourts.gov.in/hcservices/

out his remedies in the manner known to law by approaching the civil forum and hence this petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

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

2. The Deputy Superintendent of Police (Crime Branch) Salem District, Salem.

3. The Inspector of Police, District crime Branch Salem, Salem district

4. The Public Prosecutor, High Court, Madras.

gj(co) krd 22/4 Crl.O.P.No.7242 of 2015 https://hcservices.ecourts.gov.in/hcservices/