CHENNAI: The State Public Prosecutor Hasan Mohamed Jinnah had written to Director General of Police C Sylendra Babu to direct the police department to act cautiously while registering the FIR invoking Section 420 of IPC after ensuring that all the ingredients of the Section are fully met and also avoid invoking Section 420 of IPC where the allegations are essentially civil flavour in nature and contents.
Jinnah in his letter said that petitions invoking Section 482 CrPC are mounting before the Madras High Court and Madurai Bench for setting aside cases registered by Police under Section 420 IPC.
"Money lending cases based on execution of promissory notes, commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour are entertained by the police and FIR are registered invariably invoking Section 420 IPC and as a consequence, the affected parties approach the Madras High Court and its Madurai Bench with a prayer to quash such FIR invoking powers under Section 482 CrPC,” it added.
Earlier, the Madurai Bench of Madras High Court which heard the anticipatory bail plea of the accused in the case of cheating of Rs 28 lakh by claiming to sell the land, directed the DGP to instruct his subordinates not to register the money lending cases invoking section 420 of Indian Penal Code (IPC).
Further, the court directed the DGP to set up a monitoring committee based on the Supreme Court's order and directed the Public Prosecutor to assist the police in this.
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