A.Ravi v. Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.[MD]No.14294 of 2018 A.Ravi : Petitioner Vs.

1. The Director General of Police, DGP Headquarters, Chennai.

2. The Deputy Inspector General of Police, DIG Office, Madurai.

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

4. Krishnaveni, Head Constable Maduvilakku Special Wing, Rural All Women Police Station, Thirumangalam, Madurai District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 3 to investigate into the matter and take adequate and appropriate action against the fourth respondent within a short and stipulated time as may be fixed by this Court.

For Petitioner : Ms.S.E.Monica Vincent For Respondents : Mr.B.Bhagawathi Government Advocate

O R D E R

************ This writ petition has been filed for a direction to the third respondent to investigate and file a final report against the fourth respondent.

2.The learned Counsel for the petitioner would submit that the fourth respondent being the Head Constable of Maduvilakku Special Wing at Thirumangalam, Madurai District was running a job racquet and the petitioner was cheated to the tune of Rs.5,75,000/- [Rs.Five Lakhs and Seventy Five Thousand only] by the fourth respondent. A complaint was given by the petitioner, which after a long battle resulted in the registration of an FIR in Crime No.151 of 2015 for the alleged offences under Sections 406, 420 and 506(ii) IPC. This FIR was registered as against the fourth respondent and two others.

3.Even after the registration of the FIR, the investigation did not progress and the petitioner was again forced to approach this Court for a direction to file final report. The learned Counsel for the petitioner would submit that since the accused involved is a Head Constable, the police is not taking any action and is not effectively investigating the case. 4.Per contra, the learned Government Advocate would submit that the final report has been filed by the third respondent against the fourth respondent and two others for offences under Sections 406, 420 and 506(ii) IPC, before the judicial Magistrate, Thirumangalam, on 30.09.2016 and the case is at the stage of framing of charges. Notice has also been issued to all the accused persons.

5.In view of the subsequent development, no further orders are required to be passed in this writ petition. However, it is made clear that since the petitioner is a victim in this case, the petitioner is granted liberty to file a petition to assist the prosecution before the learned Judicial Magistrate, Thirumangalam and the learned Judicial Magistrate shall allow the application and permit the petitioner to assist the prosecution in the case. 6.The writ petition is disposed of, with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Director General of Police, DGP Headquarters, Chennai.

2. The Deputy Inspector General of Police, DIG Office, Madurai.

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

4. The Judicial Magistrate, Thirumangalam.

+ 1 CC TO Mr.S.E.MONICKA VINCENT, ADVOCATE IN SR No. 79734 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 79715 MR TE/RP/SAR-1 : 03/09/2018 : 3P/7C W.P.[MD]No.14294 of 2018 20.08.2018