J.Eswari v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.Eswari ... Petitioner -Vs1. The Inspector of Police, C-5, Kavundapalayam Police Station, Coimbatore City.

2. V.Suresh ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 07.12.2025 and to close the C.S.R.No.551/2024 dated 07.10.2024 on the file of the first respondent. For Petitioner : Mr.B.Thirumalai For Respondents For R1 : Mr.R.Vinothraja Government Advocate (Crl. Side) For R2 : Mr.T.Balaji

ORDER

This petition has been filed for direction directing the first respondent to consider the petitioner's representation dated 07.12.2025, seeking closure of C.S.R.No.551 of 2024 dated 07.10.2024.

2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.

Initially the petitioner owned property and intended to sell the same to the second respondent. Thereafter, the second respondent found that the said property was mortgaged with the bank and there was an encumbrance. Therefore, in order to settle the said amount, the second respondent had paid entire amount and insisted the petitioner to register the sale deed in his favour. However, the petitioner refused to register the property and therefore, the second respondent registered complaint and he was issued with C.S.R.No.551 of 2024.

4.

When the petitioner was called for enquiry, she filed direction petition before this Court in Crl.O.P. No.26836 of 2024, not to harass the petitioner under the guise of enquiry in C.S.R.No.551 of 2024. This Court by an order dated 28.10.2024, directed the petitioner to appear for enquiry and co-operate with the enquiry. After issuance of direction, the first respondent about to conduct enquiry on the complaint lodged by the second respondent in C.S.R.No.551 of 2024. Now the petitioner sought for direction to close the C.S.R., without conducting enquiry.

5.

Considering the above facts and circumstances, as directed by this Court in Crl.O.P.No.26836 of 2024 dated 28.10.2024, the first respondent is directed to complete the enquiry in C.S.R.No.551 of 2024 within a period of four weeks from the date of receipt of copy of this Order. It is made clear that, if any cognizable offence is made out, the first respondent is directed to register the FIR or otherwise close the C.S.R. 6.

With the above directions, both the Writ Petitions stand disposed of. There shall be no order as to costs.

10.02.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The The Inspector of Police, C-5, Kavundapalayam Police Station, Coimbatore City.

2. The Public Prosecutor, Madras High Court, Chennai.

10.02.2025