Kalyanasundaram. N v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022 CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM N.Kalyanasundaram
...Petitioner
Vs.
1. The Superintendent of Police, Theni District, Theni.
2. The Inspector of Police, Andipatti Police Station, Theni District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider and dispose of the petitioner's complaint dated 09.06.2022 within a stipulated period as fixed by this Court. For Petitioner : Mr.M.Pounraj For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/5
O R D E R
This Writ Petition is filed seeking for issuance of a Writ of Mandamus, directing the respondents to consider and dispose of the petitioner's complaint dated 09.06.2022 within a stipulated period as fixed by this Court.
2. The learned counsel for the petitioner submitted that the petitioner is running a wholesale textile shop viz., "SKT Textiles" at Sakkampatti, Andipatti Taluk, Theni District, for the past 25 years. He further submitted that his brother was appointed as a Manager in the Textile Shop. In the meanwhile, his brother jointly colluded with his erstwhile employees viz. Mr.Senthil Arasu, White S. Marimuthu and the owner of Shenbagavalli Textiles, Sakkampatti, has manipulated and created bogus sales bills. By using such bogus bills, they have collected money from the petitioner's customers. Hence, the petitioner removed his brother from the post of Manager in his shop. Thereafter, his brother started a new shop viz., "Meena Fabrics" and again he along with the aforesaid persons created bogus bills like they did in the petitioner's shop and they have collected huge sums from their customers. Hence, the 2/5
petitioner was put to great loss, to the tune of Rs.99,97,894.75/-. Hence, he gave a complaint to the second respondent- Inspector of Police, for taking further action. The second respondent received the complaint and assigned C.S.R.No.701 of 2022, and now, it came to the knowledge of the petitioner that the complaint has been transferred to the District Crime Branch, Theni, for enquiry.
3. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that after receiving the complaint, the respondent police assigned C.S.R.No. 701 of 2022, but the petitioner has not turned up for enquiry and submitted no documents. In the meanwhile, for the alleged mis-appropriation of funds to the tune of Rs.99,97,894.75/-, the Inspector of Police transferred the complaint to the District Crime Branch, Theni District, which is now pending for enquiry.
4. In view of the above, the District Crime Branch, Theni District, is hereby directed to complete the enquiry upon the complaint in C.S.R.No.701 of 2022, within a period of four weeks from the date of receipt of a copy of this order.
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5. With the above direction, this Writ Petition is disposed of. No costs.
18.07.2022 Index :Yes/No ebsi To
1. The Superintendent of Police, Theni District, Theni.
2. The Inspector of Police, Andipatti Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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V.SIVAGNANAM., J ebsi 18.07.2022 5/5