IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.03.2010 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.28645 of 2007 M/s.Centurion Bank of Punjab Limited Represented by its Legal Manager Mr.Nobili Gracias No.72, Marshalls Road Egmore, Chennai 600 008 . Petitioner Versus 1.The Commissioner of Police Office of the Commissioner of Police Hosur Road, Coimbatore 18 2.The Assistant Commissioner of Police Office of the Commissioner of Police Central Crime Branch Coimbatore 18 . Respondents PRAYER: The Criminal Original Petition filed under section 482 of Criminal Procedure Code to direct the first and second respondents to nominate an officer and register a First Information Report on the complaint given by the petitioner on 13.09.2007 and to investigate upon the said complaint. For Petitioner : M/s.Ganesh and Ganesh For Respondents : Mr.I.Paul Nobel Devakumar Govt.Advocate (Crl.Side) ******* O R D E R
The petitioner, which is a bank seeks a direction for registration of a case on its complaint dated 13.09.2007 and further investigation thereupon. The petitioner informs that two of its earlier employees acting in concert with the borrower had fabricated documents to reflect the position that the vehicles in respect of which loans were granted did not suffer from any hypothecation other than that in favour of the petitioner. The grievance of the petitioner is that on the complaint of the petitioner, no action has been taken.
2.The report submitted by the respondent, informs that on the similar complaint the Palakkad Town South Police Station has registered the case in Crime No.280 of 2007 under Sections 120(B), 420 and 474 IPC. The learned counsel appearing for the petitioner would submit that such case has been closed as mistake of fact. If that be so, the remedy of the petitioner could be by way of filing a protest petition and not by way of preferring the petition such as the one presently before this Court. This petition does not merit consideration and hence this Criminal Original Petition is dismissed.
ssp
To
1.The Commissioner of Police
Office of the Commissioner of Police
Hosur Road, Coimbatore 18
2.The Assistant Commissioner of Police
Office of the Commissioner of Police
Central Crime Branch
Coimbatore 18
3.The Public Prosecutor
High Court,
Madras