M.K.Mohamed Mustafa v. State Rep By The Assistant Commissioner Of Police Crime

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR 1.M.K.Mohamed Mustafa 2.R.Akbar Ali ... Petitioners Vs.

1.State rep. by The Assistant Commissioner of Police (Crime), No.J-12, Kanathur Police Station, kanathur.

2.State rep. by The Inspector of Police, Crime Branch, T-19, Kelambakkam Police Station, Kelambakkam.

3.Moudhus Jaman 4.Niyamathullah ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first and second respondent to consider my representation dated 24.05.2025 and take action against the respondents 3 and 4 within a stipulated time.

For Petitioners :

Ms.A.Ajimath Begum For Respondent :

Mr.R.Vinothraja, GA (Crl. Side) Nos.1 & 2

O R D E R

The present Petition has been filed seeking a direction to the first and second respondent to consider the petitioners' representation dated 24.05.2025 and to take action against the respondents 3 and 4, within a stipulated time as fixed by this Court.

2. Heard the learned counsel for the petitioners and learned Government Advocate (Crl. Side) appearing on behalf of the respondents 1 & 2.

3. The learned counsel for the petitioners submitted that the petitioners herein had paid a sum of Rs.19,15,000/- for purchase of a car to the respondents 3 and 4 but the accused persons had neither delivered the car nor returned the money. He further submitted that a complaint has been lodged in this regard on 17.12.2024 and it is in the CSR stage and no progress in the matter and hence, the present Petition.

4. The learned Government Advocate on instructions submitted that based on the complaint of the petitioners, CSR 852 of 2024 has been issued and the investigation is pending. He further submitted that the respondent police will complete the investigation as expeditiously as possible.

5. Mere reading of the case reveals that the respondents 3 and 4 received the amount from the petitioners herein for purchase of car but neither returned the money nor delivered the car to the petitioners. It is to be noted that the complaint was given as early as on 17.12.2024 and the same is pending in CSR stage. This Court again and again repeatedly emphasizing that keeping the matter in CSR stage is not the remedy to the aggrieved persons and the matter has to be investigated by the Investigating Officer as early as possible. If any cognizance offence is made out, they have to proceed as per law against the accused and if no such offence has been made out, close the petition and serve the copies of RCS to the petitioner(s), instead of keeping the matter pending unnecessarily. In view of the same, this Court directs the respondent police to complete the investigation and to proceed the case as per law.

6. With the above observations and directions, the present Petition is disposed of.

7. W.P.M.P.(Crl.) No.520 of 2025 filed by the petitioners to permit them to file a single petition is hereby allowed. 15.10.2025 DP

To 1.The Assistant Commissioner of Police (Crime), No.J-12, Kanathur Police Station, kanathur.

2.The Inspector of Police, Crime Branch, T-19, Kelambakkam Police Station, Kelambakkam.

3.The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR.J, DP 15.10.2025