S.Paramasivam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29676 of 2015 S.Paramasivam ... Petitioner Vs The State rep. by 1.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

2.The Superintendent of Police, District Police Office, Perambalur District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to register the complaint dated 22.9.2014 preferred by the petitioner and consequently to investigate the same in accordance with law. For Petitioner :

Mr.J.Pazhani Karthik For Respondents :

Mr.C.Emalias, Addl.Public Prosecutor.

https://hcservices.ecourts.gov.in/hcservices/

ORDER

The present criminal original petition has been filed seeking a direction to the respondent police to register the complaint dated 22.9.2014 preferred by the petitioner and consequently, to investigate the same in accordance with law.

2. It is the case of the petitioner that one Kavitha was working as in-charge of automobile spare parts section in the petitioner's concern. During her employment, she had sold various automobile spare parts and without accounting the same, she had swindled the money and she had also forged certain bank challans, thereby misappropriated a sum of Rs.2,84,497/-. Hence, the petitioner lodged a complaint with the respondent police on 22.9.2014. But, till date, no action has been taken on the said complaint. Hence, the petition.

3. Learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, an enquiry was conducted and the statement given by the counter petitioner was also recorded. Thereafter, the complaint was closed. He has also produced a copy of the closure report before this Court.

4. Since the complaint given by the petitioner has already been closed, nothing survives in this petition and the prayer that has been made in this petition has become infructuous.

Hence, the criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy by filing a petition under Section 156(3) Cr.P.C. before the appropriate forum.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sbi To 1.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

2.The Superintendent of Police, District Police Office, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. Pazhani Karthik, Advocate Sr.438 Crl.O.P.No.29676 of 2015 RSK(CO) EU 12.1.16 https://hcservices.ecourts.gov.in/hcservices/