V.Ganesan v. The Superintendent Of Police (East),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.10579 of 2021 V.Ganesan ... Petitioner

Versus

1. The Superintendent of Police (East), O/o. the Superintendent of Police (East), Nehru street, Puducherry - 605 001.

2. The Station Officer, Odiyansalai Police Station, Odiyansalai, Puducherry.

... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register the case on the basis of the petitioner's complaint dated 11.03.2021 and investigate the matter in accordance with law and file a final report before the competent Court of law at the earliest possible time.

For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.D.Bharatha Chakravarthy Public Prosecutor (Pondicherry)

ORDER

The petitioner lodged a complaint to the respondent/police on 11.03.2021. Till date, there is no action taken on his complaint. Hence, the present petition.

2.The gist of the case is that the petitioner is residing with his wife in the house of one Thilagavathi, for the past five years. On 20.10.2020 at 8.00 a.m., Thilagavathi and her daughter/Shalini went to the house of the petitioner and represented that she arranged marriage for Shalini and asked a sum of Rs.15 Lakhs loan for purchasing Jewels, otherwise, the

marriage would be cancelled. Taking pity on her, the petitioner's wife accepted to arrange the loan amount of Rs.15 Lakhs as hand loan. Thereafter, the petitioner's wife arranged a sum of Rs.12 Lakhs through her friends and contacts and handed over the said amount to Thilagavathi. Contrary to the truth, the said Thilagavathi has lodged a complaint that the petitioner fleecing her with demand for exorbitant interest for the hand loan. The respondent/police have not conducted any investigation and kept the complaint given by the petitioner pending. Hence, the petitioner filed this above petition.

3.The learned Public Prosecutor (crl.side), Puducherry appearing for the respondents submitted that both parties were called and enquired. During the enquiry, it revealed that the case is civil in nature. Further a closure report was filed on 02.06.2021.

The complaint is not proper, hence, the respondent/police have already given the closure report to the petitioner.

4.The contention of the petitioner that there was no proper enquiry conducted and no proper statements were recorded by the respondent/ police and they have mechanically closed the complaint cannot be accepted.

5.In view of the same, the petitioner may agitate his grievance before the appropriate forum.

6.With the above observations, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar klt To

1. The Superintendent of Police (East), O/o. the Superintendent of Police (East), Nehru street, Puducherry - 605 001.

2. The Station Officer, Odiyansalai Police Station, Odiyansalai, Puducherry.

3. The Public Prosecutor, Pondicherry.

CRL.O.P.No.10579 of 2021 RP(CO) RLP(30/07/2021)