Madras High CourtCRL OP(MD)/9406/2016disposed of

K.Kuppusamy v. The Deputy Commissioner

2016-06-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9406 of 2016 K.Kuppusamy ... Petitioner -VsState rep.by 1.The Deputy Commissioner of Police (Crime) Madurai City, Madurai.

2.The Assistant Commissioner of Police (Crime) Tallakulam, Madurai City.

... Respondents Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the 2nd respondent police to register a case on the petitioner's complaint dated 13/04/2016. For Petitioner : Mr.K.Samidurai For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

It is an application seeking a direction to the second respondent to register a case based on the complaint of the petitioner dated 13.04.2016.

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 has given a huge amount to the proposed accused for doing export and import business. The proposed accused has given assurance to return the amount with considerable profit. On 24.03.2015, the petitioner has received a sum of Rs.1,00,000/- from the proposed accused and when the petitioner demanded the remaining amount, he refused to pay and dared the petitioner to do anything in this connection. As there was no case registered, the petitioner has come up with this petition.

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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 ask the concerned jurisdictional Investigating Officer 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 jurisdictional Investigating Officer 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. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Deputy Commissioner of Police (Crime) Madurai City, Madurai.

2.The Assistant Commissioner of Police (Crime) Tallakulam, Madurai City.

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

+1 CC to Mr.K.SAMIDURAI, Advocate, SR No.31600 Crl.O.P.(MD).No.9406 of 2016 20.06.2016 mj SH/PEK/SAR-II:11.07.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/