R.Yuvaraj v. Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.10603 of 2021 R. Yuvaraj

...Petitioner

Versus

1. Superintendent of Police, Sathuvachari,

2. Deputy Superintendent of Police (DSP),

3. Inspector of Police,

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent to take action and register the First Information Report on the petitioner's complaint dated 23.11.2020.

For Petitioner :

Mr. C.Anbu For Respondents:

Mr.A.Damodharan, Gov. Advocate (Crl.Side)

ORDER

This writ petition has been filed to direct the 3rd respondent police to register the complaint dated 23.11.2020 given by the petitioner.

2. According to the petitioner, the petitioner has lodged a complaint dated 23.11.2020 to the first respondent and the same has been forwarded to the 3rd respondent and thereafter, no action has been taken on the same, so far. Hence, the present petition.

3. The learned Government Advocate(crl. side) would submit that the petitioner's complaint had been forwarded by the District Crime Branch/2nd respondent to the 3rd respondent

police and an enquiry has been conducted by the 3rd respondent. During enquiry, it was found that the petitioner had invested money with Sampathkumar, Rajalakshmi, and Udayakumar for Stock Trading Business and thereafter some dispute arose between them and hence the complaint. Since the allegation was civil in nature, the petitioner was adviced to approach the Civil Court and the complaint given by the petitioner has been closed on 15.03.2021.

4. The learned counsel for the petitioner would submit that the petitioner had clearly given details as to how the money had been transacted with the said Sampathkumar and Rajalakshmi, who have cheated the petitioner in destitute manner. The respondent police had not conducted proper investigation and the petitioner was not aware about the closure of the case .

5. I have considered the submissions made on either side and perused the materials available on records carefully.

6. Considering the above submissions, it is seen that on the complaint given by the petitioner, enquiry has been conducted by the 3rd respondent police and the same has been closed on 15.03.2021 finding that the complaint is civil in nature.

7. In view of the same, this Criminal Original Petition is dismissed. Since the copy of the closure report has not been served on the petitioner, the 3rd respondent police is directed to serve copy of the closure report to the petitioner. It is always open to the petitioner to agitate the same, if he feels so.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrp To

1. Superintendent of Police, Sathuvachari,

2. Deputy Superintendent of Police (DSP),

3. Inspector of Police,

4. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.C. Anbu, Advocate sr 38326.

CRL.O.P.No.10603 of 2021 BR(CO) SP(02/09/2021)