Madras High CourtCRL OP(MD)/20700/2022disposed of

Bank Of India v. The Commissioner Of Police

2024-02-19Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.20700 of 2022 Bank of India, Rep., by its Authorized Signatory, Iyer Bengalow Branch, Iyer Bengalow, Madurai-615 014.

... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Deputy Commissioner of Police, Central Crime Branch, Madurai City, Madurai.

3.The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

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4.S.Jegadeesan 5.R.Siva Kumar

...Respondents

(R1 to R3 are amended as per order of the Court dated 20.12.2022 in Crl.M.P(MD).No.15921 of 2022 in Crl.O.P(MD).No.20700 of 2022.) PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to the first respondent herein to transfer the investigation from the third respondent herein to any other suitable agency/officer to conduct the enquiry and file a report before this Court based on the complaint given by the petitioner bank dated 17.12.2016 within the time stipulated by this Court.

For petitioner : Mr.M.Senthil Kumar For R1 to R3 : Mr.B.Nambiselvan Additional Public Prosecutor O RDER This Criminal Original Petition has been filed to issue a direction to the first respondent herein to transfer the investigation from the third respondent herein to any other suitable agency/officer to conduct the enquiry and file a report before this Court based on the complaint given by the petitioner bank dated 17.12.2016.

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2. The learned counsel appearing for the petitioner submitted that the fourth respondent has obtained loan from the petitioner/Bank. Thereafter, inspite of the repeated request, the fourth respondent has not repay the loan amount. Therefore, the petitioner has made a complaint with the third respondent, so far, the said complaint was not considered. Hence, this petition has been filed.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 to 3 submits that during the pendency of this petition, the investigation has been completed and the same was closed.

4. Recording the submission made by the learned Additional Public Prosecutor appearing for the respondents, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law. 19.02.2024 Index : Yes/No Internet : Yes/No tta 3/5

To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Deputy Commissioner of Police, Central Crime Branch, Madurai City, Madurai.

3.The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

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

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M.DHANDAPANI. J.

tta Crl.O.P.(MD)No.20700 of 2022 19.02.2024 5/5