Madras High CourtCRL OP(MD)/20040/2021disposed of

Kosamattam Finance Company Limited v. The Inspector Of Police

2021-12-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20040 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20040 of 2021 Kosamattam Finance Company Limited, represented by its Branch Manager, Rajapalayam Branch C.Gandhi S/o.Chandra Having its Branch Office at Thenkasi Road, Rajapalayam, Virudhunagar District.

... Petitioner Vs The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

... Respondent PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondent not to harass the petitioner in the guise of enquiry and interrogation.

For Petitioner : Mr.S.Malaikani For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent.

2. The petitioner is a finance company. It grants loans to the customers on the basis of the pledge of jewelry. The respondent issued quite a few summons to the petitioner with regard to the pledging of some stolen properties. It is stated by the petitioner's counsel that the petitioner had already parted with two such items. As regard the third item, it appears to have been already auctioned of. The respondent is insisting that the petitioner must pay the money equivalent.

3. The learned Government Advocate on the other hand would contend that even though the respondent has issued as many as three written summons, the petitioner is not co-operating with the enquiry.

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Crl.O.P(MD)No.20040 of 2021 4.I make it clear that if the respondent has any demand on the petitioner, it will be communicated in writing. The respondent cannot make any oral demand on the petitioner. The respondent is strictly directed to deal with the petitioner only in the manner known to law.

5. The Criminal Original Petition is disposed of with this direction.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

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

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