R.Vignesh v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.397 of 2016 R.Vignesh ..Petitioner /versus/ State by

1. The Superintendent of Police, Salem District, Salem.

2. The Inspector of Police, Attur Police Station, Attur, Salem District.

..Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to register FIR against the named said person on the basis of the complaint lodged by the petitioner on 04.11.2015.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.C.Emalias Additional Public Prosecutor ---------

O R D E R

The present criminal original petition has been filed seeking a direction to the respondent to register First Information Report against the named person on the basis of the complaint lodged by the petitioner on 04.11.2015. 2.It is alleged by the petitioner that the petitioner is running a Studio in the name and style of V Graphics at Attur. One A.W.Sardhar approached him and informed that he would arrange for a job to the petitioner at Singapore and thus, asked the petitioner to pay a sum of Rs.3.50 lakhs for securing job at Singapore. Believing his words, the petitioner had paid a sum of Rs.10,000/- as advance, subsequently, he paid a sum of Rs.3.40 lakhs through his bank for getting job at Singapore. On verification, the petitioner came to know that the said A.W.Sardhar had cheated the petitioner under the guise of securing a job at Foreign countries. When the petitioner https://hcservices.ecourts.gov.in/hcservices/

approached the said A.W.Sardhar demanding to repay the amount, he threatened the petitioner. Hence, the petitioner lodged a complaint before the first respondent-police on 04.11.2015 and in turn, the first respondent directed the second respondent to enquire the matter. But, the second respondent has not taken any action till date. Hence, the petitioner has filed the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4.The learned Additional Public Prosecutor submitted that the petitioner has not annexed any proof for payment of the amount and if a direction is given to the petitioner to give a fresh complaint along with proof, necessary action will be taken.

5.In view of the submissions made on either side, this Court directs the petitioner to give a fresh complaint before the 2nd respondent police within a period of one week from the date of receipt of a copy of this order, and on receipt of the same, the 2nd respondent is directed to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

6.This criminal original petition is disposed of accordingly.

ari s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, Salem District, Salem.

2. The Inspector of Police, Attur Police Station, Attur, Salem District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.C.Prakasam, Advocate SR 1871 skv(co) prk29/1 Crl.O.P.No.397 of 2016 https://hcservices.ecourts.gov.in/hcservices/