Based on the general direction issued by this Court in Crl.O.P.(MD)No.14601 of 2014, the respondent police has registered a case in Crime No.447 of 2015, on 18.11.2015, under Sections 409 and 420 of the Indian Penal Code in respect of an incident that is said to have taken place on 29.12.2006 in connection with the alleged sale of the petitioner's property under SARFAESI Act without following due procedure. Now, the petitioner is before this Court for a direction to the respondent police to complete the investigation and file a charge sheet in Crime No.447 of 2015 expeditiously.
2. On a reading of the First Information Report, it is seen that the allegation of the petitioner is that her property was illegally brought to sale under SARFAESI Act by the Indian Bank, Kovilpatti Branch and that the accused are said to have purchased the property in the year 2006.
3. In the opinion of this Court, the remedy that is available to the petitioner is not before the police, but, is before the Debts Recovery Tribunal, if at all, there is any. The transactions, on the face of it, appear to be civil in nature and, therefore, this Court cannot issue a direction to the respondent police to file a charge sheet. However, the respondent police is directed to complete the investigation and either file a closure report or a final report, as the case may be, within a period of three months from the date of receipt of a copy of this order.
4. This Criminal Original Petition is disposed of with the above direction.
To
1.The Inspector of Police, Austinpatti Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..