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Madras High CourtCRL OP(MD)/16616/2017dismissed

Pandeeswaran v. The Superintendent

2018-06-19Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.16616 of 2017 Pandeeswaran, S/o.Chinnaiah .. Petitioner Vs.

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

2. The Sub-Inspector of Police, Thirupapathur Town Police Station, Sivagangai District.

.. Respondents Petition is filed under Section 482 of the Criminal Procedure Code, directing the second respondent to register the case based on the petitioner's complaint, dated 10.11.2017 and to file a final report within the time that may be stipulated by this Court. For Petitioner : Mr.S.Kameswaran For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the second respondent to register a case based on the petitioner's complaint, dated 10.11.2017 and to file a final report within the time that may be stipulated by this Court. 2.According to the petitioner, he is an agent and one Nagarajan, S/o.Subramanian and Raguvaran, S/o.Panneer Selvam, had approached the petitioner and requested to arrange a job in Abroad and gave a sum of Rs.10,00,000/- to him. The petitioner had introduced them with another agent, viz., Thennarasu, S/o.Chandiran. The above said Thennarasu had received a sum of Rs.6,00,000/- from the petitioner and informed the petitioner to hand over the balance sum of Rs.4,00,000/- to his uncle viz., Pananichamy. Therefore, the petitioner gave a sum of Rs.4,00,000/- to the said Palanichamy.

But, the said proposed accused person Thennarasu did not arrange job and return the money. Hence, the petitioner has preferred a complaint before the second respondent police. Since no action has been taken on the petitioner's complaint, the petitioner has come https://hcservices.ecourts.gov.

forward with the present Criminal Original Petition. 3.The learned Additional Public Prosecutor submitted that the complaint is pending for enquiry.

4.In view of the above said submission made by the learned Additional Public Prosecutor, the second respondent is directed to conduct the enquiry in accordance with law. In conducting the preliminary enquiry, the second respondent shall put the concerned parties upon notice. At the end thereof, if any cognizable offence is made out, the second respondent shall duly register a case and proceed with the same in accordance with law, otherwise, further proceedings shall be dropped. In the event of effecting closure of the case upon conducting a petition enquiry, a copy of the closure report shall be forwarded to the complainant. 5.With the above directions, this Criminal Original Petition is disposed of.

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

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

2. The Sub-Inspector of Police, Thirupapathur Town Police Station, Sivagangai District.

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

+ 1 CC TO Mr.S.KAMESWARAN, ADVOCATE IN SR No. 68792 SMN2 TE/KKR/SAR-4 : 04/07/2018 : 2P/5C CRL.O.P.(MD) No.16616 of 2017 19.06.2018 https://hcservices.ecourts.gov.in/hcservices/