V.Baskaran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.1037 of 2022 V.Baskaran S/o. P.Velmurugan, ... Petitioner Vs.

1.The Superintendent of Police, Cuddalore, Cuddalore District - 607 001.

2.The Deputy Superintendent of Police, Neyveli Town Ship, 3.The Inspector of Police, Neyveli Town Police Station.

4.Mr.Ramamoorthy Village president, Vadakku Melur, Kurinjipadi Taluk, ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to Register FIR basis on the 3rd respondent's CSR No.770/2021 dated on 10.12.21021.

For Petitioner : Mr.A.Kanaka Velappan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(The case has been heard through video conferencing) This petition has been filed seeking for a direction, directing the 3rd respondent to Register FIR basis on the 3rd respondent's CSR No.770/2021 dated on 10.12.21021.

2.The petitioner lodged complaint before the 3rd respondent police on 10.12.2021. Though C.S.R.No.770 of 2021 has assigned, no action has been taken.

3.The contention of the petitioner is that since the complaint made against the Village Panchayat President, the respondent police has not taken any action. It is a clear case of cheating committed by the 4th respondent. Documents to support his case has already been submitted, but the respondent police taking its own time to conduct enquiry.

4.Learned Public Prosecutor would submit that C.S.R.No.770 of 2021 is pending for enquiry. The enquiry in C.S.R. to be concluded and if any cognizable offence is made out, F.I.R. would be registered and appropriate action would be taken. He further submitted that the Inspector, Neyveli Town Police Station is down with COVID and he could not act upon the complaint immediately.

5.Finding that the 3rd respondent seems to have indisposed to complete enquiry, the 2nd respondent is directed to conduct enquiry and complete it within a period of three months and if enquiry reveals any commission of cognizable offence, register F.I.R. and papers to be sent for investigation to the 3rd respondent.

6.The petitioner is directed to appear before the 2nd respondent and submit a copy of the order along with the complaint on 08.02.2022.

7.With the above direction, this Criminal Original petition stands disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kas To.

1.The Superintendent of Police, Cuddalore, Cuddalore District - 607 001.

2.The Deputy Superintendent of Police, Neyveli Town Ship,

3.The Inspector of Police, Neyveli Town Police Station.

4.The Public Prosecutor High Court of Madras W.P.No.1037 of 2022 NR(CO) A.SK(09.02.2022)