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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.PUGALENDHI
R.Somasundaram – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER
The petitioner has approached this Court by filing the present petition seeking a direction to the first respondent to consider his representation dated 23.05.2025, wherein he had requested the conduct of a preliminary enquiry on his complaint and to take appropriate action in accordance with law.
2.The petitioner is a mason by occupation. He had purchased a residential plot from one L.Karuppiah under Document No.1877/2010 dated 30.06.2009 on the file of the Sub-Registrar, Thallakulam. In the year 2012, the petitioner had borrowed a sum of Rs.3,00,000/- from one N.Arumugam. As collateral security for the said loan, the petitioner executed a mortgage deed in Document No.1780/2012 dated 17.05.2012 in favour of the said Arumugam. The original sale deed in Document No. 1877/2010 was also handed over to him with a promise that the same would be returned upon repayment of the loan amount.
3.The petitioner asserts that he had thereafter paid nearly Rs.6,00,000/- towards principal and interest. Despite such payment, Arumugam has refused to return the original deed and has instead demanded exorbitant interest. Left with no other option, the petitioner gave a representation dated 21.05.20
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The discretion of the magistrate to order a preliminary inquiry and the illustrative nature of the categories mentioned in the Lalita Kumari case.
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The main legal point established in the judgment is the distinction between Section 160 Cr.P.C. and Section 41-A Cr.P.C. in summoning witnesses and conducting preliminary inquiries, emphasizing the b....
The registration of FIRs is mandatory when credible information about a cognizable offence is received, and no preliminary inquiry or senior approval can override this requirement.
Compliance with statutory procedures is mandatory in issuing summons under the BNSS, 2023. Failure to issue a prior written order under Section 130 invalidates subsequent actions, ensuring protection....
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