R.Chella Mariyappan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM R.Chella Mariyappan ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

4.The Sub-Inspector of Police, Koppampatti Police Station, Thoothukudi.

... Respondents 1/6

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., directing the first respondent to withdraw the complaint of the petitioner dated 27.06.2022 in CSR No.147 of 2022 from the file of the fourth respondent and transfer the same before the second respondent and complete the investigation within a stipulated period as may be fixed by this Court.

For Petitioner : Mr.I.Suthakaran For Respondents : Mr.R.Suresh Kumar, Government Advocate, (Criminal Side).

ORDER

The Criminal Original Petition has been filed directing the first respondent to withdraw the complaint of the petitioner dated 27.06.2022 in CSR No.147 of 2022 on the file of the fourth respondent and transfer the same to the second respondent and complete the investigation.

2. The case of the prosecution is that a complaint has been lodged by the petitioner on 27.06.2022 against some committee members of the Temple, namely, Semapudur Arulmigu Sri Madasamy Thirukovil with regard to cheating and misappropriation of temple funds. The respondent 2/6

Police issued a C.S.R.No.147 of 2022 to that effect. Since no action was taken, the present petition has been filed.

3. The learned Government Advocate (Criminal Side), appearing for the respondents submitted that an enquiry has been conducted on the complaint given by the petitioner and it was closed by stating that the respondent Police advised the parties to approach the concerned Revenue Divisional Officer.

4. The learned counsel for the petitioner submitted that in the complaint, the petitioner raised the allegations of misappropriation of temple money. Under these circumstances, closing the complaint to approach the parties to the concerned Revenue Divisional Officer is not appropriate.

5. I have considered the matter in the light of the submissions made by learned counsel for both the parties. 3/6

6. In view of the above, this Court directs the third respondent to conduct the enquiry on the complaint given by the petitioner on 27.06.2022 in C.S.R.No.147 of 2022 within a period of four (4) weeks from the date of receipt of a copy of this order and take suitable action in accordance with law.

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

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To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

4.The Sub-Inspector of Police, Koppampatti Police Station, Thoothukudi.

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

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V.SIVAGNANAM, J.

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