Kalpana v. District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.23194 of 2022 Kalpana ... Petitioner Vs.

1. The Superintendent of Police, District Superintendent of Police Office, Sathuvachari, Vellore.

2. The Inspector of Police, District Crime Branch, The Superintendent of Police Officer, Vellore.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the closer report filed by the respondent police on 20.12.2021 and consequently direct the respondents to register the FIR on the complaint of the petitioner, dated 25.08.2021 to the respondent police forthwith and to file the final report by conducting free and fair investigation by some other agency with the supervision of the respondent.

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For Petitioner : Mr. S. Kasirajan For Respondents : Mr. E. Raj Thilak, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to set aside the closer report filed by the respondent police on 20.12.2021 and consequently, direct the respondents to register the FIR on the complaint of the petitioner dated 25.08.2021.

2. The learned counsel appearing for the petitioner would submit that one Jayanthi, has received a sum of Rs.40 lakhs from the petitioner on the promise of securing Government Job. Thereafter, neither he secured Job nor returned the money to the petitioner. Hence, he lodged a complaint against her. Since no action has been taken, he filed a petition in CMP 10531 of 2021 before the Judicial Magistrate IV, Vellore and as per the direction issued by the learned Magistrate, the respondent police conducted enquiry and the same was closed at the preliminary stage. Hence, the present petition.

3. The learned Additional Public Prosecutor appearing for the respondent submitted that upon the complaint forwarded by the Judicial Magistrate IV, Vellore, the respondent police conducted enquiry. Since there is no case made 2/4

out for registering the case, the respondent police closed the complaint. They have also forwarded the closure report to the concerned Judicial Magistrate Court after due intimation to the complainant/petitioner.

4. Recording the same, this Criminal Original Petition is closed with liberty to the petitioner to approach the Judicial Magistrate to object the closure report in accordance with law.

26.09.2022 Internet:Yes Index:Yes/No mrp To:

1. The Superintendent of Police, District Superintendent of Police Office, Sathuvachari, Vellore.

2. The Inspector of Police, District Crime Branch, The Superintendent of Police Officer, Vellore.

3.The Public Prosecutor, High Court of Madras.

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V.SIVAGNANAM, J.

mrp Crl.O.P. No.23194 of 2022 26.09.2022 4/4