Madras High CourtCRL OP(MD)/16603/2018disposed of

S.Karuppaiah v. The Inspector Of Police

2018-09-18Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.16603 of 2018 S.Karuppaiah ... Petitioner Vs.

1.The Inspector of Police, Mathur Police Station, Mathur Post, Kulathur Taluk, Pudukkottai District.

2.The Sub Inspector of Police, Mandaiyur Police Station, Mandaiyur Post, Kulathur Taluk, Pudukkottai District.

3.M/s.Mahaveer Finance India Limited rep. by its Authorized Signatory, Mr.N.C.Gopinath

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry on the basis of the complaint lodged by the third respondent.

For Petitioner : Mr.P.Ganapathi Subramanian For R1 & R2 : Mr.K.Suyambulinga Bharathi, Govt Advocate(Crl.side)

ORDER

The order passed by this Court in application No.6101 of 2018 dated 16.08.2018 was brought to the notice of this Court. In the said order, the receiver has been appointed to take possession of vehicle and the receiver has also been given direction to take the assistance of the police, in case of any resistance at the time of taking possession of the vehicle. This Court has also directed that the petitioner can make payment towards the outstanding installments and in such case, the receiver has to release the vehicle to the petitioner.

2.The learned counsel for the petitioner submits that the petitioner has been paying the installments regularly and inspite of that, the respondent police is calling him for enquiry. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Government Advocate (Crl.side) would submit that the receiver has approached the respondent police and therefore, the respondent police will have to act in accordance with the order passed by this Court.

4.The petitioner is directed to appear before the second respondent and establish the fact of his payment of installments regularly as per the directions given by this Court. The second respondent police shall also inform about the same to the receiver. 5.It is made clear that the respective rights and duties are clearly defined in the earlier order itself. Therefore, no further orders are required to be passed in this petition. Hence, this Criminal Original Petition is disposed of with the above direction. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, Mathur Police Station, Mathur Post, Kulathur Taluk, Pudukkottai District.

2.The Sub Inspector of Police, Mandaiyur Police Station, Mandaiyur Post, Kulathur Taluk, Pudukkottai District.

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

Crl.O.P.(MD)No.16603 of 2018 18.09.2018 RMK MKH-KK/SV/SAR3/16.10.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/