K. Mahadevan v. The State Of Tamil Nadu Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.667 of 2016 K.Mahadevan S/o.Kaliyaperumal, Secretary, Primary Agricultural Co-op Credit Society, Narthangudi, Valangiman Taluk, Tiruvarur District.

... Petitioner Vs

1. State of Tamil Nadu rep. by The Inspector of Police, Valangaiman Police Station.

2. The Secretary, T-1344, Needamangalam Primary Agricultural Co-op Credit Society, Needamangalam, Thiruvarur District.

3. D.Sivakumar ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the first respondent to take suitable action on the complaint of the petitioner dated 19.11.2015 and register FIR against the third respondent within a specified time fixed by this Court.

For Petitioner :

Mr.B.Bhiman For 1st Respondent:

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the first respondent to take suitable action on the complaint of the petitioner dated 19.11.2015 and register FIR against the third respondent within a specified time fixed by this Court.

2. The petitioner herein has lodged a complaint on 19.11.2015 as against the third respondent stating that the third respondent by producing certificates for the very same property availed loan twice from the petitioner and the second respondent. Hence, the petitioner lodged a complaint before the first respondent. But no action has been taken on the said complaint till date. Hence, the petitioner has come forward with the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the first respondent.

4. The learned Additional Public Prosecutor submitted that it is for the petitioner to verify all the records before sanctioning the loan and without doing so, he has sanctioned the loan to the third respondent. Now the question of registering a criminal case does not arise and therefore, they have to work out the remedy in the manner known to law. However, he submitted that, on receipt of the complaint of the petitioner, C.S.R.No.259 of 2015 has been assigned and the matter is pending for enquiry.

5. Considering the the submissions made on either side, this Court directs the first respondent to conduct enquiry on the complaint given by the petitioner dated 19.11.2015 in C.S.R.No.259 of 2015 and dispose the same in accordance with law.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vrc

To 1.The Inspector of Police, Valangaiman Police Station.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.667 of 2016 MG(CO) Eu 20.1.16