S. Rajasekaran v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29411 of 2015 S.Rajasekaran ... Petitioner/Defacto Complainant ..Vs..

1.The Deputy Superintendent of Police, Gopichettipalayam, Erode District.

2.The State rep. by Inspector of Police, Gopichettipalayam Police Station, Gopichettipalayam, Erode District.

... Respondent /Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 2nd respondent to register the complaint dated 18.08.2015 pending on the file of the Inspector of Police, Gopichettipalayam Police Station, Gopichettipalayam, Erode District.

For Petitioner : Mr.S.Nagarajan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the 2nd respondent to register the petitioner's complaint dated 18.08.2015 pending on the file of the Inspector of Police, Gopichettipalayam Police Station, Gopichettipalayam, Erode District.

2. In the affidavit accompanying the petition, the petitioner has stated that his friend, namely, K.Kuppusamy, who is an L.I.C. Agent, introduced one A.Subash Swaminathan, Yavanarani and Kulanthaivasuki to him, saying that they are running a Charitable Trust in the name of 'Savarimuthu Aruldas Charitable Trust'. The said persons induced the petitioner and

others that if they invest a sum of Rs.1 lakh, they will return a sum of Rs.2 1⁄2 crores in a month. Believing their words, the petitioner gave a sum of Rs.10 lakhs to the abovesaid persons and later on, when the petitioner came to know that they have cheated him with an aim to misappropriate money, he demanded them to return the money invested by him. Since they threatened the petitioner with dire consequences, the petitioner lodged a complaint against them with the 2nd respondent police on 18.08.2015. As no action was taken by the respondent police, the petitioner has come up with the present Criminal Original Petition.

3.

Heard the learned counsel for the petitioner as also the learned Additional Public Prosecutor appearing for the respondents.

4.

Learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner has sent the complaint only by post and that if a fresh complaint is sent, the respondents shall enquire into the same.

5.

Considering the above submissions and taking note of the facts and circumstances of the case, this Court feels it appropriate to direct the petitioner to send a fresh complaint to the 2nd respondent police within a period of one (1) week from the date of receipt of a copy of this order and on receipt of the same, the 2nd respondent is directed to conduct enquiry in accordance with law and upon enquiry, if any cognizable offence is made out, he is directed to proceed further in accordance with law, as early as possible.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar aeb

To :

1.

The Deputy Superintendent of Police, Gopichettipalayam, Erode District.

2.

The State rep. By Inspector of Police, Gopichettipalayam Police Station, Gopichettipalayam, Erode District.

3.

The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S. Nagarajan, Advocate SR.66697 Crl.O.P.No.29411 of 2015 CTK(CO) Eu 19.1.16