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Madras High CourtCRL OP(MD)/5938/2025disposed of

Mohan Samraj v. The State Of Tamilnadu

2025-04-01Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.5938 of 2025 Mohan Samraj ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, District Police Office, Nagercoil, Kanyakumari District.

2. The Assistant Superintendent of Police, ASP Office, Nagercoil Sub Division, Punnai Nagar, Konam, Nagercoil 629 004.

3. The Inspector of Police, Vadasery, Nagercoil.

4. B.Deepak @ Deepak Balan Pillai

5. Unnikrishnan Pillai

6. Ajitha ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondents no.1 to 3 to expedite the investigation of petitioner's Page No. 1 of 6

complaint in P2/SP/799/83/2025 dated 06.01.2025 and the annexure complaint 10.03.2025 within time frame as may be fixed by this Court. For Petitioner : Mr.P. Prabhakaran For R1 to R3 : Mr.M. Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the respondents no.1 to 3 to expedite the enquiry of petitioner's complaint in P2/SP/799/83/2025 dated 06.01.2025 and the annexure complaint 10.03.2025 within time frame fixed by this Court.

2. According to the petitioner, he lodged a complaint before the 1st respondent as against the 4th respondent for cheating of Rs.22 lakhs and also lodged an another complaint dated 10.03.2025 to take action against the respondents no.4 to 6, but the same have not been considered. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 to 3 would submit that the petitioner is the collecting agent for the arrangement of job in abroad and the petitioner has received Page No. 2 of 6

amounts from the customers and he used to sent money to the 4th respondent and thereby, the petitioner lodged a complaint against the respondent no.4, who is in abroad and the 3rd respondent has also issued summon to the respondents no.5 and 6 and they are senior citizens. After receipt of summons, they have not appeared for enquiry and the 4th respondent has also residing in abroad. Therefore, the enquiry is still pending and the petitioner has also not produced any particulars and not even appeared for enquiry. If the petitioner appears and produce all the relevant documents, they will consider and take appropriate action in accordance with law.

4. Considering the prayer sought for in this petition, this Court without even issuing notice to the respondents no.4 to 5 inclined to pass orders in this petition.

5. According to the petitioner, he lodged complaints against the private respondents no. 4 to 6 for the job rocketeering and the same has not been considered by the 3rd respondent. According to the 3rd respondent, they received the complaints from the petitioner and issued summon to the respondents no.5 and 6 and now the 4th respondent is in Page No. 3 of 6

abroad, and the respondents no.5 and 6 have not appeared and the petitioner also not appeared for enquiry. Therefore, it is appropriate to direct the petitioner to appear before the 3rd respondent on 12.04.2025 and produce all the relevant documents. Thereafter, the 3rd respondent has to conduct enquiry and take appropriate action on the petitioner's complaints dated 06.01.2025 and 10.03.2025 after affording an opportunity to both the parties within fifteen [15] days from the date of this order.

6. With the above said observation and direction, this Criminal Original Petition is disposed of.

01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 4 of 6

To

1. The Superintendent of Police, District Police Office, Nagercoil, Kanyakumari District.

2. The Assistant Superintendent of Police, ASP Office, Nagercoil Sub Division, Punnai Nagar, Konam, Nagercoil 629 004.

3. The Inspector of Police, Vadasery, Nagercoil.

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

Page No. 5 of 6

P.DHANABAL, J.

Mac Crl.O.P(MD) No.5938 of 2025 01.04.2025 Page No. 6 of 6