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Madras High CourtWP(MD)/15295/2022disposed of

Ashok Kumar .S v. The District Superintendent Of Police

2022-07-14Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM S.Ashok Kumar

...Petitioner

Vs.

1.The District Superintendent of Police, District Crime Branch, Dindigul, Dindigul District.

2.The Inspector of Police, City West Police Station, Dindigul, Dindigul District.

3.Ram Prasath

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 and 2 to complete the investigation and pass final orders to initiate the criminal case against the respondent No.3 within a time stipulated by this Court.

For Petitioner : Mr.S.Louis For R1 - R2 : Mr.M.Sakthi Kumar Government Advocate (crl.side) 1 / 4

ORDER

This Writ Petition is filed, seeking for issuance of a Writ of Mandamus, directing the first and second respondents to complete the investigation and pass final orders to initiate the criminal case against the third respondent, within a time stipulated by this Court. 2.The learned counsel appearing for the petitioner submitted that the third respondent has received a sum of Rs.72,00,000/- (Rupees Seventy Two Lakhs Only) from the petitioner's brother and credited the interest / profit to the account of the petitioner's brother for some time and then, he did not pay the balance amount and he cheated the petitioner's family. The petitioner's family has invested the amount by pledging the jewels of the family with intention to get more profit in the online trading by the third respondent. The third respondent has paid only a sum of Rs.

22,50,000/- (Rupees Twenty Two Lakhs and Fifty Thousand Only) and promised to pay the balance amount of Rs.49,50,000/- (Rupees Forty Nine Lakhs and Fifty Thousand Only), but not repaid the same. Hence, the petitioner gave a complaint to the first respondent on 09.09.2021. Since no action has been taken, the petitioner has filed this petition.

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3.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that on enquiry the petitioner stated that he did not want to continue the enquiry and therefore, further action has been dropped on 10.11.2021.

4.Now, the learned counsel for the petitioner submitted that without the knowledge of the petitioner, the respondent police has closed the said complaint. Therefore, the second respondent police is hereby directed to conduct the enquiry, based on the complaint given by the petitioner, dated 09.09.2021 and to complete the enquiry, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs.

14.07.2022 Index : Yes / No Internet : Yes/ No vsd 3 / 4

V.SIVAGNANAM, J.

vsd To 1.The District Superintendent of Police, District Crime Branch, Dindigul, Dindigul District.

2.The Inspector of Police, City West Police Station, Dindigul, Dindigul District.

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

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