Petitioner alleged she bought a vehicle from respondent 5, paid his finance loan, but he took the vehicle back; her complaint drew no action. Court directed that if enquiry discloses cognizable offence, police must register FIR and act per law; writ petition disposed on that direction.
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W.P.No.14457 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.No.14457 of 2024 & W.M.P.No.15731 of 2024
Jeeva Jothi.
... Petitioner/Complainant
/versus/
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Deputy Superintendent of Police, Chidambaram Taluk, Cuddalore District.
3. The State Through, The Inspector of Police, Annamalai Nagar Police Station, Chidambaram, Cuddalore District.
4. The Regional Transport Officer, C.Muttalur Bye Pas Road, Government Arts College Opp, Chidambaram, Cuddalore District.
5. Machakendran. 6. The Branch Manger, Toyotta Annamalai Finance Company, No.166/5, Chennai Main Road Post, Kornattur Karuppur, Kumbakkonam – 612 501. ...Respondents
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Prayer:
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 1 to 3 respondents seize the vehicle bearing Registration No.TN-91-L-2076 Toyata Kirloskar Motor Pvt Limited, (Colour Sunny White) from the 5 th respondent and to handover the petitioner based on the agreement dated 02.11.2021.
For Petitioner : Mr.M.Muhesh For R1 to R4 : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
O R D E R
A complaint has been given by the petitioner herein to the respondent police alleging that the accused herein had offered to sell his Toyata Kirloskar Motor Pvt Limited, (Colour Sunny White) bearing Registration No.TN-91-L-2076 and received consideration with promise to transfer the vehicle in the name of the petitioner.
2 . Based on the agreement, the petitioner has cleared the vehicle loan payable by the 5 th respondent to the 6 th respondent/Toyatta Annamalai Finance Company, Kumbakonam. Having received the entire sale consideration, it is alleged that the 5 th respondent has taken away the vehicle
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from the petitioner and in this connection, on 04.12.2023 the petitioner has
given the complaint and same been received by the respondent police and registered in C.S.R.No.36/2024, dated 22.02.2024 but till date, no action been taken hence, the present Writ Petition is filed.
3. The Learned Government Advocate (Crl.Side) for the
respondent submits that in connection with the complaint given by the petitioner, the 5th respondent was called and enquired. Both the complainant and the 5th respondent gave an undertaking that they will resolve the dispute among themselves and report. Therefore, no further action been taken.
4. This Court finds that if the preliminary enquiry discloses Commission of any cognizable offence, the respondent police shall proceed with registering the F.I.R and conduct enquiry and act in accordance with law.
5. With this direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
25.07.2024
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W.P.No.14457 of 2024
Index : Yes/No. Neutral Citation : Yes/No. bsm Copy to:-
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Deputy Superintendent of Police, Chidambaram Taluk, Cuddalore,
3. The Inspector of Police, Annamalai Nagar Police Station, Chidambaram, Cuddalore District.
4. The Regional Transport Officer, C.Muttalur Bye Pas Road, Government Arts College Opp, Chidambaram, Cuddalore District.
5. The Public Prosecutor, High Court, Madras.
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Dr.G.JAYACHANDRAN,J.
bsm
W.P.No.14457 of 2024
25.07.2024
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1 issue framed by the court
Whether police should act on the petitioner's complaint alleging the 5th respondent took away a vehicle sold to her without transferring registration.
1 provisions across 1 enactments
Jeeva Jothi
The Superintendent of Police, Cuddalore District
The Deputy Superintendent of Police, Chidambaram Taluk
The State through The Inspector of Police, Annamalai Nagar Police Station
The Regional Transport Officer, Chidambaram
Machakendran
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
