A.Athimoolam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9595 of 2016 A.Athimoolam ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Puliyangudi Police Station, Puliyangudi Tirunelveli District 3.The Inspector of Police Kayathar Police Station Thoothukudi District ... Respondents (3rd respondent has been suo motu impleaded as per the order of this Court dated 21.06.2016) Petition filed under Section 482 of the Code of Criminal Procedure to direct the 2nd respondent to register an FIR on the basis of complaint given by the petitioner dated 02.06.2016. For Petitioner : Mr.C.Sankar Prakash For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the second respondent to register the case on the basis of the petitioner's complaint dated 02.06.2016.

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

3. On giving false promise to get a job for 42 persons, the proposed accused person obtained Rs.6 lakhs from the petitioner and 42 others and they have also handed over their original passports to the accused person. However, neither the job has https://hcservices.ecourts.gov.in/hcservices/

been secured for them nor their passports and amount have been returned. Therefore, a complaint has been given to the 2nd respondent, which has been forwarded to the Inspector of Police, Kayathar Police Station, who has been suo motu impleaded as third respondent, and the same is pending with the third respondent.

4. According to the learned Government Advocate (Crl. Side), petition enquiry is pending before the 3rd respondent.

5. In view of the above submission, the 3rd 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.

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

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar RR To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Puliyangudi Police Station, Puliyangudi, Tirunelveli District 3.The Inspector of Police Kayathar Police Station Thoothukudi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.C.Sankar Prakash, Advocate Sr.No.31885 CSL/AAL/MPA/12.7.16-2p-6c Crl.O.P.(MD).No.9595 of 2016 21.06.2016 https://hcservices.ecourts.gov.in/hcservices/