Madras High CourtCRL OP(MD)/14261/2015ordered

S.Vinayagam v. The Inspector Of Police

2015-07-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.No.14261 of 2015 S.Vinayagam : Petitioner -Vs01.The State Rep. By the Inspector of Police, Thilai Nagar Police Station, Trichy, Trichy District.

02.The Commissioner of Police, Trichy, Trichy District.

: Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents herein to consider the petitioner's complaint, dated 20.11.2012 to the first respondent and initiate appropriate action in accordance with law and register a case and investigate the same.

For Petitioner :Mr.AL.Kannan For Respondents : Mrs.S.Prabha, Government Advocate(Crl. Side)

O R D E R

This petition has been filed under section 482 Cr.P.C, praying to direct the respondents to register a case based on the complaint given by the petitioner, dated 20.11.2012 and investigate the same in accordance with law.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the State. 3.The learned counsel for the petitioner submitted that the petitioner is the Administrative Partner of Mathangi Agencies. On 20.11.2012, he gave a complaint to the respondent police against one Nalini and Helan, who were working as Computer Operators in the said Agency, alleging misappropriation of amount. Since, no action has been taken so far, the petitioner has come forward with this petition. 4.The learned Government Advocate(Crl. Side) has submitted that based on the complaint given by the petitioner, dated 20.11.2012, petition enquiry is pending before the first respondent police. 5.

In view of the above, the first respondent police is directed to conduct a preliminary enquiry, which shall not extend beyond a period of seven days from the date of receipt of a copy of this order, by following the judgement of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)]. In conducting the preliminary enquiry, they shall put the concerned parties upon notice. At the end thereof, if any cognizable offence is made out, they shall duly register a case. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainant.

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6.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Thilai Nagar Police Station, Trichy, Trichy District.

2.The Commissioner of Police, Trichy, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.AL.KANNAN, Advocate in SR.No. 42104 Pm SR : 05.08.2015 : 2p/5c Crl.O.P(MD).No.14261 of 2015 27.07.2015 https://hcservices.ecourts.gov.in/hcservices/