Madras High CourtWP(MD)/15331/2020disposed of

Kanagasundari v. The Superintendent Of Police

2020-11-04Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.15331 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.15331 of 2020 Kanagasundari ... Petitioner Vs 1.The Superintendent of Police Sivagangai District Sivagangai 2.The Inspector of Police District Crime Branch Sivagangai District Sivagangai ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, directing the second respondent to take appropriate action against the proposed accused namely Jothimani based on the petitioner's representation dated 04.08.2020 within a stipulated time fixed by this Court. For Petitioner : Ms.A.S.Rajeswari For Respondents : Mr.R.Srinivasan Government Advocate

O R D E R

This Writ Petition has been filed to direct the second respondent to take appropriate action against the proposed accused namely Jothimani based on the petitioner's representation dated 04.08.2020 within a stipulated time fixed by this Court.

2. The grievance of the petitioner is that one Jothimani who is working as Sub Editor of Sub TV Net Work Private Limited approached the petitioner and received a sum of Rs.2,40,000/- for leasing the house. Thereafter, the said Jothimani is not properly responding to the petitioner and refused to repay the said amount. Hence, the petitioner made a complaint before the second respondent police on 09.10.2019. Based on the complaint, the second respondent conducted an enquiry. During enquiry, the said Jothimani gave an assurance that she would repay the amount within December-2019. But, she refused to return back the said amount. Against which, the petitioner made a representation, dated 04.08.2020 to all the respondents for taking appropriate action. So far, no action has been taken. Hence, the petitioner is before this Court. 3.The learned Government Advocate appearing for the respondents would submit that the summon has been sent to the said https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.15331 of 2020 Jothimani. However, the representation of the petitioner, dated 04.08.2020 will be considered within a period of two weeks. 4.Considering the submission made on either side, the second respondent police is directed to dispose of the representation of the petitioner dated 04.08.2020 after enquiring both the parties, within a period of two weeks from the date of receipt of a copy of this order on merits and in accordance with law. If any cognizance offence is made out, the respondent police is directed to register the F.I.R or to reject the representation and communicate the result to the petitioner.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) msa NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Superintendent of Police Sivagangai District Sivagangai 2.The Inspector of Police District Crime Branch Sivagangai District Sivagangai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.S. RAJESWARI, Advocate ( SR-21194[F] dated 04/11/2020 W.P(MD)No.15331 of 2020 04.11.2020 SSS(CO) KB(18.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2