Madras High CourtCRL OP(MD)/11960/2022disposed of

V.Anand Babu v. The Commissioner Of Police

2022-07-05Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM V.Anand Babu, : Petitioner Vs 1.State represented by The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Teppakulam Police Station (Crime), Madruai District.

3. Bhuvaneswari,

4. Venkatesan, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the respondents to conduct further enquiry on the basis of the complaint given by the petitioner dated 17.06.2022 and expedite investigation pending on the file of second respondent, within the time stipulated by this Court.

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For Petitioner : M/s.Prabhu Rajaduai G, For R1 and R2 : Mr.R.Suresh Kumar, Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the respondent police to conduct further enquiry on the basis of the complaint given by the petitioner dated 17.06.2022 and expedite the investigation. 2.The learned Counsel appearing for the petitioner submitted that the petitioner is a licensed pawn broker. There is a dispute between the respondents 3 and 4. They are relatives. A case has been registered against them on the complaint given by the third respondent, an FIR has been registered in Crime No.607 of 2021, which is under investigation. Further, he submitted that the petitioner has genuinely pledged the gold jewellery and not the covering jewellery. In fact, he was cheated by the private respondents. Hence the complaint.

3.The learned Government Advocate (Crl.Side) submitted that based on the petitioner's complaint, enquiry has been conducted but, the petitioner was 2/5

not co-operated for the enquiry.

4.Mr.R.Gandhi, the learned Counsel appearing for the respondents 3 and 4 submitted that on the complaint given by the third respondent, an FIR has been registered in Crime No.607 of 2021, for the offences under Sections 120(B), 406, 420, 465, 468 and 471 IPC, which is also under investigation. Only to counter that complaint, the petitioner herein lodged a complaint against private respondents.

5.I have considered the matter in the light of the submissions made by both the parties.

6.On a perusal of records, it reveals that there is a previous dispute between the parties. Hence both of them lodged complaint against each other. The complaint, dated 17.06.2022, is pending, due to non-cooperation of the petitioner.

7.In view of the above, the second respondent is directed to consider the complaint, dated 17.06.2022 on merits and enquire both the complainant 3/5

and the private respondents, complete the investigation, find the truth and report the same to the concerned Judicial Magistrate Court. 8.With the above direction, this criminal original petition stands disposed of.

05.07.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order lr 4/5

V.SIVAGNANAM, J.

lr To 1.The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Teppakulam Police Station (Crime), Madruai District.

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

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