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Madras High CourtWP Crl./230/2025disposed of

R.Sumi v. The Superintedent Of Police

2025-09-10Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR R.Sumi S/o.Rajasekaran, No.6, Strahns Road, Pattalam, Perambur Barrcks, chennai600 012 Petitioner(s) Vs

1. The Superintendent of Police Superintendent office, Vellore, Vellore District 2.The Inspector of Police Vellore South Police Station, Vellore, vellore district Respondent(s) PRAYER Writ Petition filed under Art.226 of the Constitution of India seeking to issue a writ of Certiorarified Mandamus to call for the records in connection with the CSR closure report dated 07.05.2025 made in CSR No.160 of 2023 by the 2nd respondent and quash the same consequently direct the respondents to conduct the fair and proper investigation in accordance with law as per the direction of this Court in WP.No.11946 of 2025, dated 03.04.2025

For Petitioner(s):

Mr. Y.Kajanavas For Respondent(s):

Mr.K.M.D.Muhilan, APP for R1 and R2 -------

ORDER

This Writ Petition is filed praying for issuance of a writ of Certiorarified Mandamus call for the records in connection with the CSR closure report dated 07.05.2025 made in CSR No.160 of 2023 by the 2nd respondent and quash the same consequently direct the respondents to conduct the fair and proper investigation in accordance with law as per the direction of this Court in WP.No.11946 of 2025 dated 03.04.2025.

2. The grievance of the petitioner is that her father was living separately in Vellore and he died unnaturally. However, after the death of his father, the petitioner came to know that gold jewels worth 300 sovereigns and cash to the tune of Rs.8 lakhs held by his father were missing. In this regard, he gave a complaint with the respondent police on 15.12.2023 and the receipt of the same was acknowledged in CSR.No.160 of 2023. However, the complaint given by

the petitioner was kept pending without any action being taken. Hence the petitioner filed a writ petition in W.P.No.11946 of 2025, wherein, this Court, by order dated 03.04.2025, directed the respondents to conduct proper investigation and take necessary action. Despite the abovesaid direction of the court to conduct proper investigation on the complaint, the respondent police,without conducting an enquiry in accordance with law, has closed the CSR on 07.05.2025 . According to the petitioner, no particulars were furnished in the closure report about the number of witnesses examined by the police and recording of their statements. Even the family members of the petitioner have also not been examined. Thus the closure report was filed in a mechanical manner without conducting proper enquiry, as such, the same is meritless for want of reasons. Hence, he prayed for quashing of closure report filed in CSR No.160 of 2023 and seeks for a further direction to conduct fair and proper investigation on the complaint given by the petitioner.

3. Considering the fact that despite the allegation of theft, while the petitioner's father died an unnatural death and having regard to the same, a

complaint was lodged as early as on 15.12.2023, it is seen that there was no progress in the investigation and the investigation was commenced only after the direction of this Court with a delay . Further, it is seen that investigation has been completed and CSR was closed and in the said CSR, no particulars were furnished about the number of witnesses examined and statement of the witnesses, hence this court is of the view that investigation is not conducted properly. When a congizable offence is made out in the complaint, on making proper enquiry, FIR has to be registered. It is not done in the present case. It is the specific contention of the petitioner that he and his family members were not even examined by the police.

4. In such a view of the matter, this court directs the 2 nd respondent/ Inspector of Police concerned to conduct further investigation on the complaint of the petitioner and the same shall be monitored by the Deputy Superintendent of Police concerned. While conducting investigation, the 2 nd respondent shall examine all the witnesses and neighbours and proceed further as per law.

5. With the above direction, this writ Petition is disposed of. No costs. msr 10-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Superintendent of Police Superintendent office, Vellore, Vellore District 2.The Inspector of Police Vellore South Police Station, Vellore, Vellore District

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

msr 10-09-2025