Santhiya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.4373 of 2022 1.Santhiya 2.Jesus 3.Dynes 4.Rexwin 5.Marshall 6.Clinton 7.John Ciljan 8.Roniston 9.Allen 10.Sterin 11.Batterson 12.Fidel Castro 13.Benadict ... Petitioners Vs 1.The Superintendent of Police, Thoothukudi, 2.The Inspector of Police, District Crime Branch, ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the respondents to take action on petitioner's complaint, dated 28.02.2022 under the criminal law by conducting an effective investigation as expeditiously as possible within the time stipulated as prescribed by this Court.

For Petitioners : Mr.J.Joseph Zinoson For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) 1/3

ORDER

The prayer in this writ petition is to direct the respondents to take action on petitioners' complaint, dated 28.02.2022 under the criminal law by conducting an effective investigation as expeditiously as possible.

2. It is seen that all the petitioners are victims and they paid a huge amount to the accused persons to get job. However, on receipt of the same, the accused persons cheated them without getting any job and also failed to return the amount, which was paid by the petitioners. Therefore, there are serious allegations and also ingredients are made out to register the cognizance as against the accused persons.

3. In view of the above, the second respondent is directed to register an FIR on the complaint lodged by the petitioners as dated 28.02.2022 forthwith and proceed with the investigation as against the accused persons.

4. Accordingly, this Writ Petition is allowed. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Superintendent of Police, Thoothukudi, 2/3

2.The Inspector of Police, District Crime Branch, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.JOSEPH ZINOSONZ, Advocate ( SR-14605[F] dated 25/03/2022 ) and W.M.P(MD)No.4373 of 2022 25.03.2022 PA(13.04.2022) 3P 5C 3/3