Madras High CourtCRL OP(MD)/6908/2016disposed of

D.Dhasian v. The Superintendent Of Police

2016-06-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2016

CORAM:

THE HONOURABLE Dr. JUSTICE S.VIMALA Crl.O.P.(MD).No.6908 of 2016 D.Dhasian .. Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to register a case on the complaint of the petitioner, dated 29.03.2016. For Petitioner : Mr.S.Sivakumar For respondents : Mr.A.P.Balasubramani Government Advocate (Criminal side)

ORDER

This petition has been filed seeking a direction to the 2nd respondent to register a case on the complaint of the petitioner, dated 29.03.2016.

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

3. The sum and substance of the complaint is that the accused persons were running a chit in the name and style of Triveni Chitfund and the petitioner has also paid a sum of Rs.85,000/- for 17 installments. However, when he approached the accused persons to refund the said amount, it came to light that the accused persons cheated the petitioner and others without repaying the amounts invested. Hence, a complaint has been given to the 2nd respondent and since no action has been taken so far, the present petition has been filed.

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4.The learned Government Advocate (Crl. Side) would submit that petition enquiry is pending before the Inspector of Police, Kollangode Police Station and not before the respondent police. He would further submit that there is an assurance on behalf of the 2nd respondent that the enquiry will be conducted in a speedy way.

5. Recording the submission made, the 2nd 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 [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 his remedy in the manner known to law.

The criminal original petition is disposed of with the above direction.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.The Government Advocate, Madurai Bench of Madras High Court, Madurai.

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

+1cc to Mr.S.Sivakumar, Advocate in SR.No.27347 SDR/NGM-MP/13.06.2016/2P/6C Crl.O.P(MD)No.6908 of 2016 01.06.2016 https://hcservices.ecourts.gov.in/hcservices/