Madras High CourtCRL OP(MD)/6440/2016disposed of

E.Julius Jawahar Devakandan v. The Commissioner Of Police,

2016-04-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6440 of 2016 E.Julius Jawahar Devakandan ... Petitioner vs.

1. The Commissioner of Police Madurai City, Madurai

2. State rep.by The Inspector of Police, Thallakulam Police Station, Madurai City.

... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the second respondent to register the complaint given by the petitioner, dated 11.03.2016, and to take necessary action in accordance with law within the time stipulated by this Court. For Petitioner : Mr.J.Lawrance For Respondents : Mrs.S.Prabha, G.A.(Crl.Side)

ORDER

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the second respondent to register a case, based on his complaint, dated 11.03.2016, and to take necessary action in accordance with law within a stipulated period.

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

3. It is seen that the petitioner lodged a complaint, dated 11.03.2016, in which he has alleged that a sum of Rs.6,65,153/- of Church fund has been misappropriated and in support of this allegation, he relied upon the Auditor's statement, which this Court has perused. On perusal of the same, it is seen that the Auditor has clearly stated the said sum of Rs.6,65,153/- has been wrongly shown under the heading of "Expenditures", but it has to https://hcservices.ecourts.gov.in/hcservices/

be shown under the heading of "Assets".

4. At this juncture, the learned counsel for the petitioner himself has fairly submitted that the Treasurer died and therefore the Church is finding it difficult to reconcile the entries and hence the alleged wrong entries cannot be stated as misappropriation. Further, the respondent Police have summoned the petitioner for enquiry, based on the complaint, dated 11.03.2016.

5. Under such circumstances, the petitioner is directed to appear in person before the second respondent for enquiry and the respondent Police are directed to expedite the enquiry on the petitioner's complaint, dated 11.03.2016, and complete the same as early as possible.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Thallakulam Police Station, Madurai City.

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

+ 1 CC TO MR.J.LAWRANCE, ADVOCATE IN SR NO. 24315 KRK TE/GSV-PM/ : 06/05/2016 : 2P/5C Crl.O.P.(MD) No.6440 of 2016 25.04.2016 https://hcservices.ecourts.gov.in/hcservices/