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Madras High CourtWP(MD)/7496/2025disposed of

Shirin Farhana v. The Superintendent Of Police

2025-03-20Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Shirin Farhana ... Petitioner Vs.

1. The Superintendent of Police, O/o.The Superintendent of Police, Karur District.

2. The Inspector of Police, O/o.The Inspector of Police, District Crime Branch Police Station, Karur District.

3. Aboobacker

4. Nafeesa

5. Afra ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondent no.1 to instruct the respondent no.2 to take appropriate action against the respondent nos.3 to 5 on the basis of the petitioner's representation dated 06.03.2025.

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For Petitioner : Mr. S.Nihar Ali For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition has been filed by the petitioner to direct the 1st respondent to instruct the 2nd respondent to take appropriate action against the respondents no.3 to 5 on the basis of the petitioner's representation dated 06.03.2025.

2. According to the petitioner, she initially married one Syed Ibrahim on 21.08.2012 and she have a male child. Thereafter, due to misunderstanding, they got separated through divorce. Thereafter, through a Muslim Matrimonial Site, they were introduced one Aboobacker, who was also a divorcee and they used to talk frequently. He has also informed that he is working as an Engineer in Saudi Arabia and he also introduced the respondents no.4 and 5 as his sisters and they have also used to talk with the petitioner. While so, for marriage, they fixed the engagement in the month of November, 2024. In the mean time, the 3rd respondent has insisted the petitioner to transfer the money. Accordingly, she has also transferred a sum of Rs.33,03,000/- on various Page No. 2 of 6

dates through an account. Thereafter, from 20.12.2024 onwards, the 3rd respondent neglected the petitioner and stopped to talk through phone calls. Therefore, the petitioner came to know that the respondents no.3 to 5 have conspired together and garbed the above said money from the petitioner. The 3rd respondent came to the residence of the petitioner on 26.12.2024 and stated that he won't marry the petitioner and also caused life threat. Thereafter, the petitioner sent a representation on 27.12.2024 and thereafter, she forwarded the complaint to the 2nd respondent on 30.12.2024, 11.01.2024, 08.02.2025 and 05.03.2025. The 2nd respondent has also conducting enquiry, but the respondents no. 3 to 5 have not appeared. Therefore, the petitioner sent a representation dated 06.03.2025 to the first respondent, but the same has not been considered. Hence this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 and 2 would submit that the petitioner is a divorced lady and she transferred a sum of Rs.33,03,000/- to the 3rd respondent under the guise of promise given by the 3rd respondent to marry the petitioner. Thereafter, the 3rd respondent refused to marry the petitioner and to that effect, the petitioner lodged a complaint. The said Page No. 3 of 6

complaint is under enquiry and they will complete the enquiry within fifteen days.

4. Since the 2nd respondent has admitted the complaint lodged by the petitioner and the same is under enquiry, it is for the 2nd respondent to conduct enquiry and to act in accordance with law. In view of the same, this Court directs the 2nd respondent to consider the representation of the petitioner and take appropriate action in accordance with law within a period of fifteen days [15] from the date of this order

5. With the above said observations and directions, this writ petition is allowed. No costs.

20.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Page No. 4 of 6

To

1. The Superintendent of Police, O/o.The Superintendent of Police, Karur District.

2. The Inspector of Police, O/o.The Inspector of Police, District Crime Branch Police Station, Karur District.

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

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P.DHANABAL, J.

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