Madras High CourtCRL OP/430/2016disposed of

R.Shankar v. The Inspector Of Police(Crime)

2016-01-11Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.430 of 2016 R.Shankar ... Petitioner Vs The Inspector of Police, M-3, Puzhal Police Station, Chennai - 600 066.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to take action on the complaint vide C.S.R.No.567/2015 dated 29.11.2015 according to law. For Petitioner : Mr.R.Balasubramanian For Respondent : Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

The present petition has been filed to direct the respondent to take action on the complaint vide C.S.R.No.567/2015 dated 29.11.2015 according to law.

2. On 29.11.2015, at about 10.30 a.m., when the petitioner came down from 2nd floor of his house, he was shocked to see that his two wheeler, 3G Activa bearing Registration No.18-AC-8838 was not found which was parked inside the corridor. After much efforts, the petitioner traced the vehicle. He came to know that the vehicle was taken by the counter petitioner, owner of M/s.Krishna Motors. Hence, he lodged a complaint with the respondent police. Since, no action was taken, the present petition has been filed.

3. Learned Additional Public Prosecutor submitted that the petitioner has purchased the said vehicle from M/s.Krishna Motors on Hire Purchase Agreement. Since he has not paid the instalment properly, the vehicle was taken by them. He further submitted that the matter is purely civil in nature. However, on the complaint given by the petitioner, C.S.R.No.5677/2015 was assigned and enquiry is pending and he opposed the direction sought for by the petitioner.

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4. Since C.S.R.No.567 of 2015 was assigned on the complaint given by the petitioner, the respondent police is directed to conduct an enquiry on the said complaint and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible.

5. The criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar vsi To

1. The Inspector of Police, M-3, Puzhal Police Station, Chennai - 600 066.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.R. Balasubramanian, Advocate, Sr. 1858 Crl.O.P.No.430 of 2016 RSY (CO) kk 12/1 https://hcservices.ecourts.gov.in/hcservices/