B.Karthikeyan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN B.Karthikeyan

...Petitioner

Vs.

The Inspector of Police (Crime), J-2, Adyar Police Station, Adyar, Chennai-600020.

...Respondent

PRAYER: Criminal Original Petition is filed under Sections 397 and 401 of the Code of Criminal Procedure, to set aside the docket order of the learned IX Metropolitan Magistrate, Saidapet, Chennai-15 in Unnumbered C.C.No..... of 2022 docket order dated 01.09.2022 and entertain the above Unnumbered C.C.No. and allow the above Criminal Revision.

For Petitioner : Mr.G.V.Sridharan For Respondent : Mr.S.Santhosh Government Advocate (Criminal side)

ORDER

This Criminal Original Petition has been filed to set aside the docket order of the learned IX Metropolitan Magistrate, Saidapet, Chennai-15 in Unnumbered C.C.No..... of 2022 docket order dated 01.09.2022.

2. It is the submission of the learned counsel for the petitioner that one Maheswari wife of Prabhu and her daughter Dharani Prabhu, on the guise of securing employment in Tamil Nadu Electricity Board, collected a sum of Rs.59,50,000/- from the petitioner and others, in the year 2018. Thereafter, they neither secured employment nor repaid the amount, except a sum of Rs.12,00,000/-. For the balance amount, they issued cheques. When those cheques were presented for collection, they were returned for want of funds. The petitioner gave a complaint before the respondent Police, on 19.10.2021 against the said Maheswari and Dharani alleging the offences of cheating, forgery and job racketing. The respondent Police issued CSR in CSR No.381 of 2021, but did not take any legal action against them.

Thereafter, the petitioner filed a private complaint under Section 156(3) of Cr.P.C before the learned IX Metropolitan Magistrate, Saidapet, Chennai-15. The learned IX Metropolitan Magistrate, Saidapet, Chennai-15 returned the complaint stating that the "complaint does not reveal as to why the petitioner had given money for getting job for others. The letter dated 31.10.2021 is said to be given by Accused No.1 is also silent on this aspect.

cheques". Challenging the return, this petition has been filed.

3. In response, the learned Government Advocate (Crl.Side) submitted that the petitioner had again given a complaint dated 05.01.2023 alleging money quarrel and also job racketing against one Maheswrai and Lakshmi Tharani. On the basis of the complaint, the investigation is pending in CSR.No.4 of 2023.

4. With regard to the order passed in Unnumbered C.C.No..... of 2022 dated 01.09.2022, by the learned IX Metropolitan Magistrate, Saidapet, Chennai-15 for returning the complaint, this Court directs the learned IX Metropolitan Magistrate, Saidapet, Chennai-15 to pass appropriate orders on merits on the complaint, taking into consideration the allegations of cheating said to have been committed by the accused by receiving money for getting employment in Tamil Nadu Electricity Board. If cognizable offence is made out on the face of the allegations made in the complaint, the learned Magistrate has to pass appropriate orders. Returning of the complaint is not proper and appropriate. Therefore, this Court directs the learned IX Metropolitan Magistrate, Saidapet, Chennai-15 to pass appropriate orders on the private complaint, within a period of two weeks from the date of receipt of a

copy of this order. In the light of the private complaint already filed, the respondent Police is directed to take appropriate action depending upon the orders to be passed by the learned IX Metropolitan Magistrate, Saidapet, Chennai-15.

5. Registry is directed to return the original copy of the complaint filed under Section 156(3) of Cr.P.C along with other documents after getting substitution copies of the same.

6. With the above direction, this Criminal Original Petition is disposed of. 24.03.2023 mn Index:Yes/No Speaking Order: Yes/No G.CHANDRASEKHARAN.J.,

mn To 1.The IX Metropolitan Magistrate, Saidapet, Chennai-15.

2. The Inspector of Police (Crime), J-2, Adyar Police Station, Adyar, Chennai-600020.

3.The Public Prosecutor, High Court of Madras.

24.03.2023