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Madras High CourtCRL OP(MD)/5983/2021disposed of

Neelabai v. The Superintendent Of Police

2021-04-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.OP(MD).No.5983 of 2021 Neelabai ... Petitioner Vs.

1. The Superintendent of Police, K.Pudur, Madurai District.

2. The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

... Respondents Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent conducting the proper investigation and file a final report in the Crime No.14 of 2019 on the file of Inspector of Police, Thirumangalam Town Police Station, Madurai.

For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side).

ORDER

This Criminal Original Petition is filed seeking a direction to the second respondent to conduct proper investigation and to file a final report in the Crime No.14 of 2019 on the file of the Inspector of Police, Thirumangalam Town Police Station, Madurai.

2. The case of the petitioner is that, the petitioner's son's close friend A.Karthikkumar, who was well known person from childhood approached the petitioner for obtaining hand loan of Rs.8,00,000/- (Eight Lakhs) on December 2015. on 03.01.2016, the petitioner had given Rs.8,00,000/- (Rupees Eight Lakhs) to A.Karthikumar in the presence of his wife Priyanka. Karthik kumar has promised to the petitioner that he will repay the amount within one year. After one year, when the petitioner asked A.Karthikumar to repay the loan amount frequently, on the month of November Karthikumar issued a cheque which was returned from his bank "due to insufficient funds" and also legal notice was sent to him. On 08.01.

2018, Karthik kumar came with his friend Bharaniselvam and requested time for repayment and assurred to repay the enitre amount on or before 30.01.2018. But he did not pay any single penny. On 30.01.2018 again Karthikumar pledged in the presence of Sivalingam and Bharaniselvam that he would pay the entire amount on or before 05.02.2018. But on 05.02.2018 evening around 6 'O' clock Karthikumar came to petitioner's home along with his wife Priyanka, and Priyanka's brother Jegadheesan, and Ananthkumar.

for buying milk and on seeing the petitioner, the above mentioned persons, started using unparliamentary words against her. Karthikumar tried to beat her with iron rod and she escaped from that attack and Karthikkumar threatened the petitioner by saying that if the petitioner demands the amount Rs.8,00,000/-, he would kill her and Jegadheesan dragged the petitioner by her hair and made her fall down and also threatened her. When she fell down on the floor, Karthikumar's wife Priyanka beat her with legs and Ananthkumar dragged her saree with an intention to spoil her modesty and abused her with filthy language in front of public. In the said circumstances, the petitioner has sent a complaint to the first respondent on 07.02.2018. But the first respondent did not take any action.

So the petitioner has also sent a complaint to the second respondent on 23.02.2018, the respondent police did not take any efforts to register the complaint. After several attempt, Thirumangalam Town Police Station / respondent police issued the Crime No.14 of 2019 dated 06.01.2019 but till date no action was taken. Hence, he filed this petition.

3. The learned Public Prosecutor would submit that the crime is of the year 2019 and the offence involved are under Section 420 & 406 of I.P.C. So, three months time may be granted to the second respondent herein to complete the investigation and file the final report.

4. Recording the same, there shall be a direction to the second respondent to conclude the investigation and file a final report within three months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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. 2/3

To

1. The Superintendent of Police, K.Pudur, Madurai District.

2. The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

+1 CC to M/s.K.RAGHUL PRIYAN, Advocate ( SR-18031[F] dated 29/04/2021 ) 28.04.2021 RD(11.08.2021) 3P 4C 3/3