Madras High CourtWP(MD)/10407/2021dismissed as infructuous

Lingammal.S v. The Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD) No.10407 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/08/2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN W.P.(MD) No.10407 of 2021 S.Lingammal ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

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

3.M.R.Muthu 3.R.M.Sumathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 and 2 to take appropriate action under the criminal pursuant to the petitioner's complaint dated 10.03.2021 in the light of the dictum laid down by the Hon'ble Supreme Court of India in the case of Lalita Kumari Vs.Government of Uttar Pradesh & Ors. Reproted in (2014)2 SCC as expeditiously as possible within the time stipulation as prescribed by this Court.

For Petitioner : Mr.R.Anand For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petitioner is filed for issuance of writ of mandamus directing the respondents 1 and 2 to take appropriate action under the criminal law that has been filed on the basis of the complaint given by the petitioner dated 10.03.2021.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based upon the complaint given by the petitioner against one M.R.Muthu and R.M.Sumathy who are the third and fourth respondents, enquiry was undertaken and during the course of enquiry, it came to light that the petitioner is also involved in the alleged offence of collecting money. By promising to issue free house site patta, they collected huge money and cheated more that Rs.11 lakhs and on that basis the complaint given by the petitioner has been closed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.10407 of 2021

3. Let the closure report be circulated to the learned counsel for the petitioner Since it was found that that the documents are available against the petitioner to proceed under penal provisions, recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. If the petitioner is aggrieved by the contents of the closure report, she is at liberty to work out her remedy before the appropriate forum by initiating appropriate proceedings.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM/VSD To, 1.The Superintendent of Police, Sivagangai District.

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

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

W.P.(MD) No.10407 of 2021 6.8.2021 RK (17.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2