Madras High CourtCRL OP(MD)/14534/2017closed

S.Kumar v. The Superintendent Of Police

2018-01-02Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.02018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.14534 of 2017 S.Kumar ... Petitioner Vs.

1.The Superintendant of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendant of Police, District Crime Branch, Sivagangai, Sivagangai District.

3.The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the third respondent to register a case/F.I.R on the complaint given by the petitioner dated 23.06.2017.

For Petitioner : Mr.S.Muthukumar For Respondents :Mr.K.Anbarasan Government Advocate (crl.side) ***

ORDER

The Criminal Original Petition has been filed by the petitioner to direct the third respondent to register a case/F.I.R based on the complaint given by the petitioner, dated 23.06.2017. 2.Heard Mr.S.Muthukumar, learned Counsel for the petitioner and Mr.K.Anbarasan, learned Government Advocate (crl.side), who takes notice for the respondents.

3.The learned counsel for the petitioner submitted that the petitioner engaged one Advocate, namely, Mr.L.Mariaselvam for his land acquisition case and in that case the compensation of Rs.42,98,217/- was awarded. He further submitted that the said Advocate L.Mariaselvam, got signatures from the petitioner in blank papers and by using the same opened a joint account in a bank and withdrawn a sum of Rs.4,17,400/- without knowledge of the petitioner and therefore, he has committed cheating, but the respondents without making any proper enquiry, closed the https://hcservices.ecourts.gov.in/hcservices/

complaint.

4. The learned Government Advocate, on the contrary, submitted that on enquiry, it was found that the petitioner has voluntarily opened joint account with the said Advocate L.Mariaselvam, in a bank and since the bank rules permit to withdraw the amount by anyone of the joint account holders, the complaint has been closed.

5.Recording the aforesaid submission made by the learned Government Advocate (crl.side), this Criminal Original Petition is closed. It is open to the petitioner to avail any other remedy available under the law.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The Superintendant of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendant of Police, District Crime Branch, Sivagangai, Sivagangai District.

3.The Inspector of Police, District Crime Branch, Sivagangai, Sivagangai District.

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

+1cc to Mr.S.MUTHUKUMAR,Advocate,SR. 40113 CRL.OP.(MD) No.14534 of 2017 02.01.2018 GSP/RMK KK/SV MMS/SAR1 /12.01.2018/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/