Madras High CourtCRL OP/19554/2016closed

N.Vadivel M/37 Years v. The Assistant Commissioner

2016-09-06Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.19554 of 2016 N.Vadivel ... Petitioner Vs.

1. The State by:

The Assistant Commissioner of Police, Mylapore Circle, Mylapore, Chennai - 600 004.

2. The State by The Inspector of Police, E1, Crime Branch Police Station, Mylapore, Chennai - 600 004.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to register the FIR and investigate the matter properly based on the petitioner's complaint dated 28.03.2016.

For Petitioner : Mr.A.Antony Arockiaraja For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to the respondent to register an FIR and investigate the matter based on the petitioner's complaint dated 28.03.2016.

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

3. When the matter is taken up for hearing, the learned Additional public prosecutor submitted that the Financier had taken away the vehicle from the petitioner for default in payment of loan amount, after due intimation. https://hcservices.ecourts.gov.in/hcservices/

4.On a reading of the complaint given by the petitioner dated 28.03.2016, it is seen that this petitioner had obtained vehicle loan from R.C.Finance in the year 2014.

5. Under such circumstances, no positive direction can be issued to the respondent police to register a case. Hence, the criminal original petition is closed with liberty to the petitioner to workout his remedy in the manner known to law. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sms To

1. The Assistant Commissioner of Police, Mylapore Circle, Mylapore, Chennai - 600 004.

2. The Inspector of Police, E1, Crime Branch Police Station, Mylapore, Chennai - 600 004.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Antony Arockiaraja for C.Ganesh, Advocate, S.R.No.50463 CRL.OP.No.19554 of 2016 AD(CO) CA(26/09/2016) https://hcservices.ecourts.gov.in/hcservices/