Madras High CourtCRL OP(MD)/15459/2017allowed

M.Sivan v. The Inspector Of Police

2017-11-14Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD) No.15459 of 2017 M.Sivan ... Petitioner/De-facto Complainant Vs.

The Inspector of Police, Kadupatty Police Station, Kadupatty, Madurai District.

(in Crime No.195 of 2017) ... Respondent/Complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent police to file the final report in Crime No.195 of 2017 dated 05.06.2017 on the file of the respondent police.

For Petitioner : Mr.S.Loganathan For Respondent : Mr.A.Ramar Additional Public Prosecutor

ORDER

The Criminal Original Petition is filed for a direction to the respondent police to file the final report in Crime No.195 of 2017 dated 05.06.2017 on the file of the respondent police. 2.Heard Mr.S.Loganathan, learned Counsel for the petitioner and Mr.A.Ramar, learned Additional Public Prosecutor, who takes notice for the respondent.

3.A complaint was lodged by the petitioner on 05.06.2017, alleging that some individuals, who are doing chit business, have committed offences under Sections 406 and 420 IPC and the same was registered in Crime No.195 of 2017. It is stated that the petitioner was a member of the chit for a value of Rs.5,00,000/- and that he has paid the amount for 39 months. After collecting the amount in installments, the petitioner states that he was defrauded by the persons, who are running the chit business. https://hcservices.ecourts.gov.in/hcservices/

4.It appears that the persons who conducted the chit business, had no authorisation under the provision of Tamil Nadu Chit Fund Act. In such circumstances, the explanation offered by the learned Additional Public Prosecutor that records from 2012 are required to be collected is not a valid excuse.

5.This Court is of the view that a direction for an early completion of investigation will be in the interest of justice. Hence, the respondent is directed to file a final report in Crime No.195 of 2017 within a period of one month from the date of receipt of a copy of this order and proceed further. In the result, the Criminal Original Petition is allowed. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Kadupatty Police Station, Kadupatty, Madurai District.

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

+ 1 CC TO Mr.S.LOGANATHAN, ADVOCATE IN SR No. 87381 CMR TE/MR-KKR/SAR-2 : 06/12/2017 : 2P/4C CRL.OP.(MD) No.15459 of 2017 14.11.2017 https://hcservices.ecourts.gov.in/hcservices/