Lubina v. The Additional Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Lubina ... Petitioner Vs.

1. The Additional Director General of Police, Economic Offences Wing, No.2, Natesan Salai, 2nd Floor, Ashok Nagar, Chennai.

2. The Superintendent of Police, Tiruvannamalai District.

3. The Deputy Superintendent of Police, Economic Offences Wing, Tiruvannamalai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to proceed in accordance with law pursuant to the petitioner's complaint/representation dated 16.11.2024 & 31.12.2024 so as to recover the defrauded amount of the petitioner. For Petitioner : M/s.Anitha Arunkumar For R1 to R3 : Mr.A.Gopinath 1/4

Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed for direction directing the respondents 1 to 3 to proceed in accordance with law pursuant to the petitioner's complaint/representation dated 16.11.2024 & 31.12.2024 so as to recover the defrauded amount of the petitioner.

2. Heard both sides and perused the materials available on record.

3. On instructions, the learned Government Advocate (Crl.side) appearing for the respondents submitted that a similar complaint from another victim has been received and registered in Crime No.1 of 2024 on the file of the third respondent for the offences punishable under Sections 120B, 406, 409, 420 and 109 of IPC, Section 4(1) of Chit Funds Act, Sections 21(3), 23 and 25 of BUDS Act and Section 5 of TNPID Act.

4. It is seen that the accused had cheated to the tune of Rs.99 2/4

Crores from 7635 victims. The petitioner is one among them. Therefore, separate FIR cannot be registered on the complaint lodged by the petitioner. However, the petitioner can be added as one of the victims/witnesses.

5. In view of the above, the third respondent is directed to proceed with the investigation in Crime No.1 of 2024 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

22.04.2025 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To

1. The Additional Director General of Police, Economic Offences Wing, No.2, Natesan Salai, 2nd Floor, Ashok Nagar, Chennai.

2. The Superintendent of Police, Tiruvannamalai District.

3. The Deputy Superintendent of Police, Economic Offences Wing, Tiruvannamalai District.

4.The Public Prosecutor, High Court of Madras 22.04.2025 4/4