T.Sridharan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3675 of 2016 T.Sridharan .. Petitioner Vs.

State rep. by 1.The Deputy Commissioner of Police Cyber Crime Cell, Chennai City Police Chennai-600 007.

2.The Inspector of Police Cyber Crime Cell Chennai City Police Chennai-600 007.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to register an F.I.R. on the basis of the petitioner's complaint dated 15.11.2014 and investigate the same in accordance with law.

For Petitioner :Mr.N.Baskaran For Respondent :Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction to the respondents to register a case on the basis of the petitioner's complaint dated 15.11.2014 and investigate the same in accordance with law.

2.The learned counsel for the petitioner submitted that on 09.11.2014, the petitioner has received an SMS from the HDFC Bank stating that he had withdrawn a sum of Rs.6,000/- as cash in his account through an A.T.M. On seeing the message, the petitioner had contacted the HDFC customer cell and informed and blocked the card. He had also given a complaint to the respondents on 15.11.2014. But the respondents have not taken any steps to investigate the matter and register the case. Hence, the petitioner has come forward with this petition for the above stated relief.

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3.Learned Additional Public Prosecutor would submit that it is true, in the complaint, it was specifically mentioned about the ATM card of the petitioner, which has been used and the amount was taken from his account. He would further submit that after receiving complaint, the respondents contacted the HDFC Bank and that they collected CCTV footage. After due enquiry, the complaint was closed on 20.01.2015. Hence, he prayed for dismissal of the petition.

4.Heard both sides.

5.Considering the aforestated facts and circumstances of the case, as soon as complaint has been received, the respondents enquired the matter and closed the same. Today, the learned Additional Public Prosecutor has also furnished the closure report to the petitioner. Therefore, the Criminal Original Petition is disposed of. It is left open to the petitioner to work out his remedy by approaching the appropriate forum.

kj -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Deputy Commissioner of Police Cyber Crime Cell, Chennai City Police Chennai-600 007.

2.The Inspector of Police Cyber Crime Cell Chennai City Police Chennai-600 007.

3.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.N.Baskaran, Advocate Sr 3934 (22/4/16) ad(co) prk21/3 Crl.O.P.No.3675 of 2016 https://hcservices.ecourts.gov.in/hcservices/