D.Saravanan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2021

CORAM

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR Crl.O.P.No.16602 of 2021 D.Saravanan

...Petitioner

-Vs1.The Commissioner of Police, Vepery, Chennai.

2.The Assistant Commissioner of Police, Pallavaram Range, Chennai.

3.The Inspector of Police, Pallavaram Police Station, Chennai.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent not to harass the petitioner based on the complaint given by the complainant.

For Petitioner : Mr.C.Arivazhagan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the second respondent not to harass the petitioner based on the complaint given by the complainant.

2.The petitioner viz., D.Saravanan is a car broker and he has been called by the respondent police for a dispute in dealing with the Hyundai Xcent Car.

3.The contention of the learned Additional Public Prosecutor is that the said D.Saravanan, who is the petitioner herein had sold the above said Hyundai Xcent Car to one A.Saravanan. The said Hyundai Xcent Car is under hypothecation with Kotak Mahindra Finance. At the time of the sale the petitioner had approached the said A.Saravanan and insisted him to continue the https://hcservices.ecourts.gov.in/hcservices/

EMI with Kotak Mahindra Finance. The petitioner also promised the said A.Saravanan that out of the sale consideration, the Kotak Mahindra Finance loan dues would be settled. The petitioner had received Rs.5,47,000/- from the said A.Saravanan and failed to clear the car hypothecation loan with the Kotak Mahindra Finance and the vehicle has been seized by the said Kotak Mahindra Finance on 24.07.2021. Hence the complaint has been lodged.

4.The learned counsel appearing for the petitioner submitted that the petitioner is only a car broker and he had acted as a middle man and expect this, he is no way connected to this case. The petitioner undertakes to appear before the respondent police as per the direction of this Court and submit his explanation. 5.In view of the above the petitioner is directed to appear before the respondent police along with the documents to support his contention on 20.09.2021 and submit his explanation. 6.With the above observation, this Criminal Original Petition stands disposed of.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ah To 1.The Commissioner of Police, Vepery, Chennai.

2.The Assistant Commissioner of Police, Pallavaram Range, Chennai.

3.The Inspector of Police, Pallavaram Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.16602 of 2021 LN(CO) SP(16/09/2021) https://hcservices.ecourts.gov.in/hcservices/