: Reiterating the need for public to only approach Station House Officers concerned for immediate steps with regard to a case and not higher officials, Madras High Court today allowed a criminal Original Petition by an accused regarding a cheating case.
Justice S Nagamuthu today stressed the need for a complaint to be given first only to the police station and not higher police officials, as stated in a judgement last week.
The court was dealing with a case where a bank filed a compalint with the Commissioner of Police and the case was registered after 10 months by the concerned Police Authority.
The matter pertains to purchase of a car by a man after obtaining Rs 8.39 lakh from Karnataka Bank and drawing the amount by opening an account in the name of the company on which the cheque was issued. The amount withdrawn was not received by the original owner who sold the car.
The Bank directly gave a complaint to CoP, Chennai,on Jan 11 2013, hoping for prompt action against the purchaser,seller and the team leader. But FIR was registrered only on Oct 7. Meanwhile,the person in whose name the account was opened with an SBI branch escaped and is yet to be secured.
The Bank's complaint stated Balaguru approached a dealer, obtained a quotation to enable him arrange loan from Karnataka Bank which was sanctioned, for which a DD was paid in the dealer's name. After availing the loan neither purchaser nor seller took any interest to produce copies of registration Certificate, insurance Certificate and other documents,
When the bank demanded the documents a copy of the registration certificate with no name was e-mailed to them. There was no endorsement of hypothecation to the Bank in it. Enquiries revealed the DD was not presented for collection in the dealer's account and instead a separate account was opened in an SBI branch in the name of the dealer by another man. The DD was presented in that account and the money withdrawn. But the same was not paid to the dealer.
Justice S Nagamuthu,before whom a petition filed by team leader P Satish Kumar came up, granted bail to him, observing that in the 10 month gap, the person in whose name the account was opened with SBI branch has escaped and was yet to be secured.He also said it was not known if he was a fictitious person or if he was alive and that public money siphoned from the bank could not be recovered though Balaguru was arrested.
The Judge said this is denial of fair trail to the complainant. He said the affidavit by Additional Commissioner of Police, Central Crime Branch, Chennai showed the case was registered only after approval from CoP, Chennai
He sought an explanation from the Public Prosecutor on how such approval becomes necessary in law for which PP said it is only practice and no sanction of law for the said procedure.
The Judge said had the information been laid at the first instance directly to the officer-in-Charge of the police Station concerned,the SHO would have registered the case at once and the money could have been recovered.
