T.R.Balasubramanian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD) No.2974 of 2020 T.R.Balasubramanian

...Petitioner

Vs.

1. The Superintendent of Police Virudhunagar Virudhunagar District

2. The Inspector of Police Bazaar Police Station Virudhunagar

3. The Inspector of Police District Crime Branch Virudhunagar Virudhunagar District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 3rd respondent to register case against the accused as per the orders passed in Cr.M.P. No.12996/2019 dated 02/12/2019 on the file of the Judicial Magistrate No.2, Virudhunagar and to investigate the same in accordance with law. For Petitioner : Mr.G.Mariappan for M/s.D.Farjana Ghoushis For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor Mr.Rathina Sabapathy for Intervenor.

ORDER

This petition has been filed seeking direction to direct the 3rd respondent to register case against the accused as per the orders passed in Cr.M.P. No.12996/2019 dated 02/12/2019 on the file of the Judicial Magistrate No.2, Virudhunagar and to investigate the same in accordance with law.

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2. The learned counsel for the petitioner would submit that the petitioner has filed petition under Section 156(3) before the learned Judicial Magistrate No.II, Virudhunagar and the compliant was taken on file in Cr.M.P.No.12996 of 2019 and the learned Magistrate by an order dated 02.12.2019 forwarded the complaint to the Inspector of Police to register First Information Report in this case and the Station Housing Officer was further directed to investigate the case and file final report within the stipulated time. Since no action has been taken by the respondent police, the present petition has been filed.

3. The learned Additional Public Prosecutor would submit that matter was referred by the Court to the third respondent/ District Crime Branch and the third respondent finding that the alleged amount stated to have been misappropriated was only Rs.3,06,132/- forwarded the complaint to the second respondent herein and the second respondent had conducted due enquiry and they are ready with the report and it will be filed before the concerned Court with in a week's time.

4. Recording the same, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Virudhunagar Virudhunagar District

2. The Inspector of Police Bazaar Police Station Virudhunagar

3. The Inspector of Police District Crime Branch Virudhunagar Virudhunagar District 2/3

4.The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.G.MARIAPPAN, Advocate ( SR-7979[F] dated 24/02/2020 ) Crl.O.P.(MD) No.2974 of 2020 24.02.2020 VR(CO) TR(06.03.2020)3P 6C 3/3