P.S.Subramanian v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9384 of 2016 P.S.Subramanian S/o.Sundararamier ... Petitioner -Vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, South Gate Police Station, Madurai - 625 001.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure directing to file FIR against those persons taking actions on the representation/complaint dated 17/07/2015 coupled with the reminder representation dated 12/01/2016 sent to the respondents by this petitioner to hold due enquiry and prosecute the guilty persons as per the representations/complaint sent to the respondents on 17/07/2015 and on 12/01/2016 with necessary documents by filing FIR against them. For Petitioner : Mr.R.A.Mohanram For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

It is an application seeking a direction to the respondents to register a case based on the complaints of the petitioner dated 17.07.2015 and 12.01.2016.

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 of the petitioner is that the petitioner is the Secretary of a registered Trust. The proposed accused have spent the income of the said Trust by creating false accounts. They have also executed lease and othi deeds in favour of third parties with regard to the property of the trust. As there was no case registered, the petitioner has come up with this petition. 4.According to the learned Government Advocate (Crl. Side), petition enquiry is pending.

5.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 second 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 & https://hcservices.ecourts.gov.in/hcservices/

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

Sd/ Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, South Gate Police Station, Madurai - 625 001.

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

Crl.O.P.(MD).No.9384 of 2016 20.06.2016 mj PA/GSV-PM/SAR I/24.06.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/