S.Vijaya Lakshmi v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN S.Vijaya Lakshmi ... Petitioner/ Aggrieved Person Vs.

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.

3. Muthukumar, Recovery Agent, Ambit Finance Private Limited, No.25, A/N M.P.M Complex 2nd Floor, S.N.High Road, Sripuram, Tirunelveli.

4. Paramasivam, Recovery Agent, HDB Financial Service Limited, No.1, Lion Arcade, Madurai Road, Tirunelveli.

5. Sivasubramanian, Recovery Agent, Kinara Capital, No.482B1/1, First Floor, S.J.Complex, Tirunelveli Junction, Tirunelveli.

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6. Suresh, Recover Agent, IDFC First Bharat Limited, No.26G/4A, No.2, Sivasakthi Theater Road, Sripuram, Tirunelveli.

...Respondents/ Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to transfer the investigation of the petitioner's complaint dated 05.04.2023 from the file of the 2nd respondent to some other agencies for further action and other reliefs to be done within the time stipulated by this Court. For Petitioner : Mr.Anand.R For R1 and R2 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to transfer the investigation of the petitioner's complaint dated 05.04.2023 from the file of the 2nd respondent to some other agencies for further action and other reliefs to be done within the time stipulated by this Court.

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2. The leanred counsel for the petitioner would submit that the petitioner has obtained loan from a private financial institution and due to some financial crisis, she could not repay the same within the time stipulated. So that, the private respondents who are working as recovery agents of the private financial institutions, frequently coming to the house of the petitioner and sitting in front of her house up to 9.30 p.m., and also entered into the house and made a life threat to her.

3. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that subsequent to the above said issue, the petitioner herself appeared before the second repsondent and gave a statement that she will settle the entire loan amount.

4. But however, when serious allegation is made against the private respondents, it is the duty of the second respondent to complete the process of enquiry on its own merits. The second respondent is directed to complete the process of enquiry by summoning the petitioner and as well as the private respondents and complete the enquiry within a 3/5

period of fifteen days from the date of receipt of copy of this order.

5. With the above said directions, this Criminal Original Petition stands disposed of.

12.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

Indu Order made in Dated: 12.06.2023 5/5