Madras High CourtCRL OP/22417/2018disposed of

V.Kuppammal, Aged 43 Years, v. The Superintendent Of Police,

2018-09-19Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22417 of 2018 V.Kuppammal ... Petitioner Vs.

1. The Superintendent of Police, Thiruvannamalai District.

2. The Deputy Superintendent of Police, Polur Sub Division,

3. The Inspector of Police, Chetpet Police Station,

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to issue a direction directing the third respondent to register the petitioner's complaint dated 01.08.2018 vide CSR No.360 of 2018 and investigate the same.

For Petitioner :Mr.A.Suresh Sakthi Murugan For Respondents :M/s.M.Prabhavathi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the third respondent to register a case, based on the complaint given by the petitioner dated 01.08.2018.

2. The learned counsel for the petitioner has submitted that one R.Raghavacharya had received a sum of Rs.11,95,000/- by assuring the petitioner and three others that he will get jobs in the Railway Department, but, subsequently he has not made any arrangement for job and also refused to return the amount and hence, a complaint was lodged before the first respondent on 26.07.2018 and subsequently, another complaint was lodged before the second respondent on 01.08.2018 and the same was forwarded to the third respondent and third respondent has issued CSR.No.360 of 2018, but, so far, no action has been taken.

3. The learned Additional Public Prosecutor has submitted that the petitioner herein has directly lodged a complaint before the third respondent and on receipt of the same, CSR.No.360 of 2018 was issued and since the complaint is related to the value of Rs.11,95,600/-, the competent authority is only the Deputy Superintendent of Police and hence, the said CSR.No.360 of 2018 was closed by the third respondent.

4. The learned counsel for the petitioner by way of reply has submitted that even before submitting a complaint to the third respondent, on 26.07.2018 itself, the petitioner has lodged a complaint before the first respondent vide Na.Ka.No.2671/SPG/SB/2018 and therefore, he requests to direct the first respondent to forward the said complaint to the said Deputy Superintendent of Police for taking further action. 5.Considering the aforesaid submissions, the first respondent is directed to forward the complaint, which was received by him through Na.Ka.No.2671/SPG/SB/2018 to the concerned Deputy Superintendent of Police within a week from the date of receipt of a copy of this order. After receipt of the said complaint, Deputy Superintendent of Police, Thiruvannamalai has to enquire the complaint and if the enquiry reveals any cognizable offence, then he has to register a case and proceed in accordance with law.

6. With the aforesaid directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar smv/vsa To 1.The Superintendent of Police, Thiruvannamalai District.

2.The Deputy Superintendent of Police Polur Sub Division,

3.The Inspector of Police, Chetpet Police Station, 4.The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No.22417 of 2018 rrs 30/10/2018