S. Raj Kanna v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR S.Raj Kanna ... Petitioner -Vs1.The Superintendent of Police, Nagapattinam-Coimbatore-Gundlupet Highway, Thanjavur District-613 010.
2.The Inspector of Police, District Crime Branch, Thanjavur.
3.Anand @ Anandhan ... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India praying for a writ of Mandamus, to direct the first and second respondents to take appropriate action based on the representation dated 21.06.2024 given by the petitioner to the first respondent and online complaint dated 30.07.2024 given to CM Cell and forward to the second respondent within the time limit stipulated by this Court. For Petitioner : Mr.M.P.Kaviya For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
The petitioner, who lost the money to the third respondent on the promise of securing job, had lodged a complaint during the year 2024. The petitioner was issued with summon on 13.08.2024 for appearance on 17.08.2024. On that date, the petitioner had appeared and given a copy of 1/4
the complaint along with supporting bank statements showing transfer of money from the petitioner's account to the third respondent account and agreement copy for securing job. Thereafter, the respondent police has not taken any action.
2.On the other hand, on the complaint of yet another person, who is the son of a police official, the case was registered during September 2024 and thereafter, money has been recovered from the third respondent. Thereafter, the third respondent was let to go and he is freely moving. The petitioner though made a representation to the second respondent about the third respondent, no action has been taken. Hence, the above petition.
3.The learned Additional Public Prosecutor appearing for the respondent police submitted that the third respondent had collected money from various persons to secure job. In this case, from the petitioner a sum of Rs.4 lakhs have been secured. Further, on the complaint of one Arun, the case has been registered in Crime No.31 of 2024 for the offence under Section 406 IPC. The third respondent was arrested and on conditional bail to pay a sum of Rs.2 lakhs, the third respondent has paid the said amount. Now the petitioner's money is yet to be recovered.
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4.From the statement of the third respondent, it is seen that he had cheated two persons namely the petitioner and one Arun, each to the tune of Rs.2 lakhs totalling to Rs.4 lakhs. The respondent police is directed to take all steps to secure the third respondent and recover the misappropriated amount by way of registering FIR against the third respondent. The petitioner is also directed to appear before the second respondent on 04.02.2025 at about 11.00 a.m.. The second respondent is also directed to take all steps to ensure that the petitioner's amount, which has been misappropriated and cheated, is recovered. 5.With the above direction, this Writ Petition is disposed of. 28.01.2025 Index : Yes/No Internet : Yes/No ta To 1.The Superintendent of Police, Nagapattinam-Coimbatore-Gundlupet Highway, Thanjavur District-613 010.
2.The Inspector of Police, District Crime Branch, Thanjavur.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR,J.
ta 28.01.2025 4/4