Madras High CourtCRL OP(MD)/3518/2018disposed of

L. Thillaimuthu v. The Deputy Superintendent

2018-03-22Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3518 of 2018 L.Thillaimuthu ... Petitioner -Vs1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, District Economical Offences Wing, (Office -II), Madurai District.

2. The Inspector of Police, District Economical Offences Wing, (Office-II), Madurai District. ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to register FIR on the basis of the petitioner's complaint dated 10.12.2017, and to take necessary action in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.Prabu Ramachandran, Government Advocate (Crl. Side).

ORDER

This petition has been filed to direct the second respondent to register a case based on the complaint given by the petitioner, dated 10.12.2017.

2.The learned counsel for the petitioner has submitted that the petitioner has paid a sum of Rs.10,41,000/- to the Insurance Company namely, Glorious Agrotech Limited. Likewise, the said company has collected more than a sum of Rs.10,00,00,000/- from various people, but subsequently, the said company refused to pay the amount and hence, the petitioner has lodged a complaint to the second respondent on 10.12.2017, but sofar, no action has been taken. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl.side) has submitted that sofar 348 complaints have been received against the Glorious

Agrotech Limited and those complaints are under consideration and already a case was registered in Cr.No.5 of 2018 under various Provisions of law. He further submitted that since already FIR has been registered, the second FIR cannot be registered on the petitioner's complaint.

4.If already a case has been registered with regard to the offence said to have been committed against the petitioner herein, it is also open to the second respondent to include the petitioner herein as witness and investigate the matter and file a final report mentioning the aforesaid facts. Incase the enquiry reveals any separate offence, then the second respondent has to register the FIR and proceed in accordance with law.

5.With the aforesaid observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, District Economical Offences Wing, (Office -II), Madurai District.

2. The Inspector of Police, District Economical Offences Wing, (Office-II), Madurai District.

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

+ 1 CC TO Mr.S.MALAIKANI, ADVOCATE IN SR No. 57355 RMK TE/JC/SAR-4 : 24/04/2018 : 2P/5C Crl.O.P.(MD) No.3518 of 2018 22.03.2018 https://hcservices.ecourts.gov.in/hcservices/