H.Raja v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.29415 of 2015 H.Raja ... Petitioner/Defacto Complainant Vs

1. The Inspector of Police, City Crime Branch Police, Salem, Salem District.

2. The Commissioner of Police, Salem City, Salem.

...Respondents/Complainant

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent herein viz. the Inspector of Police, City Crime Branch Police, Salem, Salem District to register a case as against the said persons on his complaint dated 22.7.2015. For Petitioner : Mr.R.Rajan For respondents: Mr.C.Emalias, Addl.Public Prosecutor

ORDER

The present criminal original petition has been filed by the petitioner seeking a direction to the first respondent to register a case as against the accused persons based on his complaint dated 22.07.2015.

2. It is the case of the petitioner that one Neethimani informed him that he is having a friend by name Babu, who is in Malaysia and he would lend money for interest at the rate of 5% for long term. Believing his words, the petitioner parted with a sum of Rs.3,00,000/- to the said Neethimani for securing loan. However, after a period of one month, when the petitioner approached the said Neethimani, he represented that he is having another friend by name Pugalendi, who is working as Joint Director in the Harbour and uncleared goods worth about more than Rs.50,00,000/- were lying in the Harbour and the same would be available for cheaper rate. Believing his words, the petitioner gave another sum of Rs.3,00,000/- to the said Neethimani. However, the said Neethinami has cheated the petitioner and further he has not returned the said amount of Rs.6,00,000/-. When the petitioner insisted him for the said amount or the goods, he threatened him with

dire consequence. Hence, the petitioner lodged a complaint with the second respondent on 22.7.2015, who in turn, forwarded the same to the first respondent. But, till date, the first respondent has not taken any action on the said complaint. Hence, the petition.

3. Learned Additional Public Prosecutor submitted that if the petitioner gives a fresh complaint to the first respondent in person, the first respondent would take appropriate action.

4. Considering the submissions made on either side, this Court is constrained to pass the following order:- (i) The petitioner is directed to give a fresh complaint to the first respondent within a period of one week from the date of receipt of a copy of this order, along with a copy of this order.

(ii) On receipt of the same, the first respondent is directed to conduct enquiry on the said complaint, and upon enquiry, if materials are gathered indicating commission of any cognizable offence, then the first respondent is directed to proceed further in accordance with law, as early as possible.

5. The criminal original petition is disposed of accordingly. sbi Sd/- Assistant Registrar (CS-II) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, City Crime Branch Police, Salem, Salem District.

2. The Commissioner of Police, Salem City, Salem.

3. The Public Prosecutor, High Court, Madras.

+1 C.C. To MR.R.Rajan, Advocate in SR.NO.66950 Crl.O.P.No.29415 of 2015 VS(CO) sd : 31/12/2015