Raju @ Rajaiyan v. State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28689 of 2015 Raju @ Rajaiyan ... Petitioner Vs

1. State, rep. by The Inspector of Police, Crimes, Tiruvarur Town Police Station, Tiruvarur.

2. The Superintendent of Police, Tiruvarur District, Tiruvarur.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to register the complaint dated 20.8.2015 as FIR investigate the same.

For Petitioner :

Mr.S.Swamidoss Manokaran For respondents :

Mr.C.Emalias, Addl.Public Prosecutor.

ORDER

The present criminal original petition has been filed seeking a direction to the first respondent to register the complaint dated 20.8.2015 given by the petitioner and investigate the same.

2. It is the case of the petitioner that he was one of the members of the Thiruvarur Lorry Owners Association and the said association was registered under the Tamil Nadu Societies Registration Act. The said association was smoothly carrying on day-to-day activities for some years and thereafter, the elected office bearers started to swindle the money without filing proper audited accounts and placed the statement of accounts in the Annual General Body Meeting. When the election was opposed, the office bearers were duly nominated by engaging anti-social elements. When the said association was dissolved in the year 2011 itself, the association through its office bearers https://hcservices.ecourts.gov.in/hcservices/

collected the subscription fee from the members, claiming to be the elected members of the association and misappropriated the same. Hence, the petitioner lodged a complaint with the first respondent police on 20.8.2015. But, till date, no action was taken on the said complaint. Hence, the present petition.

3. Learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, an enquiry was conducted by the first respondent police and after enquiry, the said was also closed. He has also produced the copy of the closure report.

4. Since the complaint given by the petitioner was already closed, nothing survives in this petition.

5. In view of the submission made by the learned Additional Public Prosecutor that on the complaint given by the petitioner, an enquiry was conducted by the first respondent police and the same was closed, the criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in a manner known to law, if he is so advised. The first respondent is directed to serve a copy of the closure report to the petitioner within a period of one week from today. sbi -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Crimes, Tiruvarur Town Police Station, Tiruvarur.

2. The Superintendent of Police, Tiruvarur District, Tiruvarur.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Swamidoss Manokaran, Advocate SR 66 sv(co) prk18/1 Crl.O.P.No.28689 of 2015 https://hcservices.ecourts.gov.in/hcservices/