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Madras High CourtCRL OP(MD)/4131/2016disposed of

A. Benazir Fathima v. The Commisisoner Of Police

2016-04-11Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4131 of 2016 A.Benazir Fathima

...Petitioner

vs.

1.The Commissioner of Police Madurai City, Madurai 2.The Inspector of Police (Law and Order) Anna Nagar Police Station Madurai-625 020

...Respondents

PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the first respondent to register the case and consequently to recover the passport and the amount Rs.1,50,000/- which was transferred by the accused, namely, Vigneswaran from the petitioner account by way of internet on the basis of complaint, dated 01.03.2016. For Petitioner : Mr.E.Somasundaram For Respondents : Mr.K.V.Rajarajan, G.A.(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the first respondent to register a case and to recover her passport and a sum of Rs.1,50,000/- from the accused, by name Vigneswaran, based on her complaint, dated 01.03.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. The learned Government Advocate (Criminal Side) has submitted that on the basis of the complaint given by the petitioner, petition enquiry in C.S.R.No.245 of 2016 is pending.

4. In view of the above submission, the second respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the respondent Police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others, reported in [2013 (4) Crimes 243 (SC). In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out her remedy in the manner known to law.

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

Sd/- Assistant Registrar(AS) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS)

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police (Law and Order), Anna Nagar Police Station, Madurai-625 020.

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

+1cc to Mr.E.Somasundaram, Advocate in SR.20275 Crl.O.P.(MD) No.4131 of 2016 11.04.2016 KRK PBK/NGM-SS 20.04.2016 ::2P-5C:

https://hcservices.ecourts.gov.in/hcservices/