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Madras High CourtWP(MD)/20764/2022dismissed

Kulanthai Raj.M v. The Superintendent Of Police

2022-09-05Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2022

CORAM

THE HONOURABLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP M.Kulanthai raj .. Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to initiate appropriate criminal action under the relevant provisions of law on Petitioner representation dated 18.05.2022 lodged before him within a stipulated time as prescribed by this Court.

For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

The learned Counsel for the Petitioner submits that he had purchased TATA sumo vehicle for the purpose of hiring, by availing loan from a finance company. He would further submit that despite 90 % of loan amount had been repaid by the Petitioner, the Finance Company without considering the same, through its Manager, has taken the vehicle without the knowledge of the Petitioner. Therefore, the Petitioner has lodged a complaint before the second respondent for taking necessary action. Since the same had not been registered till date, he has approached this Court by way of this Writ Petition.

2.The learned Additional Public Prosecutor opposed the claim of the Petitioner stating that the Petitioner has to pay the interest for the loan amount that was availed by him. Therefore, he vehemently raised his objection to entertain this Writ Petition and to register a case against the lender of the loan. The Petitioner had approached this Court with suppression of facts. Considering the vehement objection of the learned Additional Public Prosecutor, this Court is not inclined to entertain this writ petition.

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3.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

05.09.2022 Index : Yes / No Internet : Yes / No TM To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

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SATHI KUMAR SUKUMARA KURUP,J.

TM 05.09.2022 4/4