Marico Ltd v. Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA Marico Ltd., No.1056, 1st Floor, Sunshine Building Avinashi Road Coimbatore-641 018 Represented by its Buying Manager Mr.Achuthan Kutty ... Petitioner Vs.

1.The Superintendent of Police Tirupur District.

2.The Inspector of Police District Crime Branch Tirupur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to direct the 1st and 2nd respondents to enquire and investigate the complaint filed under Ref.C. No.P1/E-2219278/344/22 dated 31.03.2022 on the file of the 1st respondent and C.No.30/DCB TPR/SPGDP/2022 dated 04.04.2022 pending on the file of the 2nd respondent and deal in accordance with law.

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For Petitioner : Mr.M.Kandasamy For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed, seeking a direction to the respondent police to enquire and investigate the complaint filed under Ref.C. No.P1/E-2219278/344/22 dated 31.03.2022 on the file of the 1st respondent and C.No.30/DCB TPR/SPGDP/2022 dated 04.04.2022 pending on the file of the 2nd respondent and deal in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner had given a complaint to the 1st respondent police on the allegation of cheating made by the opposite party; on getting the complaint forwarded from the 1st respondent to the 2nd respondent, the 2nd respondent has initiated an enquiry and summoned the petitioner and the opposite party to appear before the 2nd respondent and thereafter, no further action has been taken. 2/5

4. The learned Government Advocate (Crl. Side) submitted that on the complaint given by the petitioner, a current paper enquiry has been initiated in C.S.R No.30 of 2022 and after enquiry, it has been closed that the matter involves business transaction and the parties have to approach the civil court for getting remedy.

5. In view of the above submissions, the 2nd respondent is directed to furnish a copy of the closure report to the petitioner and on getting the aforesaid closure report, the petitioner shall either accept the closure report or to initiate proceedings under Section 156(3) or 200 Cr.P.C., before the appropriate forum, if so advised.

6. With the above direction, this Criminal Original Petition is disposed of.

02.12.2022 Index : Yes/No Speaking Order : Yes / No uma 3/5

To 1.The Superintendent of Police Tirupur District.

2.The Inspector of Police District Crime Branch Tirupur District.

3.The Public Prosecutor High Court of Madras.

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R.N.MANJULA.,J uma 02.12.2022 5/5