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Madras High CourtCRL OP(MD)/12428/2023closed

Parvathi v. The Superintendent Of Police

2023-07-10Honourable Dr Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Parvathi ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Karur.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Thogamalai Police Station, Karur District.

4.The Inspector of Police, Central Crime Branch, Karur District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue direction to the respondent No.1 to transfer the investigation in petitioner's complaint dated 03.05.2023 pending before the respondent No.3 and entrust the 1/5

same to the respondent No.4 or any other competent authority to expeditiously complete the investigation in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This petition is filed seeking for a direction to transfer the investigation in respect of the complaint given by the petitioner dated 03.05.2023 from the file of the 3rd respondent to the file of the 4th respondent. 2.It is submitted by the learned counsel for the petitioner that the petitioner's son clandestinely has borrowed an amount of Rs.5,20,000/- by pledging the house documents standing in the name of the petitioner and siphoned of the money, which the petitioner came to know very recently. According to the petitioner, her son has left the house on the very next day of the borrowing of loan amount by mortgaging the petitioner's house. Now the petitioner stated to have filed a complaint dated 03.05.2023 before the respondent No.3 police against the Bank Officials.

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3.The learned Government Advocate (Crl.side) submits that one of the prayers in the said representation is to see that the house property mortgaged in the bank returned and action to be taken against the bank officials. Since the petitioner has borrowed the loan amount by depositing the documents relating to her house property, the representation of the petitioner was closed on 18.12.2022. It is not the petitioner's case that she has not executed the loan document. The Bank will return the documents of the petitioner only after the mortgage is redeemed. Admittedly, the loan amount borrowed by the petitioner has not been repaid so far. Even otherwise, the dispute between the petitioner and the bank officials is purely civil in nature. Therefore, no directions can be given to the police, therefore, this Petition is closed.

Speaking : Yes / No 10.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Karur.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Thogamalai Police Station, Karur District.

4.The Inspector of Police, Central Crime Branch, Karur District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.12428 of 2023 10.07.2023 5/5