Shyam Sundar (Proprietor) v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2024

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.12263 & 12264 of 2023 Shyam Sundar (Proprietor), Eastern India Retail Industries, Shop No.4, Suruchi Market Complex, Chandrasekharpur Sailashree Vihar, Green Village Guest House, Bhubaneswar District-Khordha, Odisha

...Petitioner

Vs.

1.The Commissioner of Police, Office of Commissioner of Police, Madurai City, Madurai District.

2.The Inspector of Police, Cyber Crime Police Station, T.P. Road, Madurai District.

3.The Branch Manager, The Nodal Officer, Axis Bank, Plot No. 7, District Centre, Chandrasekharpur, District, - Khordha, Odisha. 4.Vivek ... Respondents (Respondent No.4 is suo motu impleaded vide Court Order dated 20.06.2023 in W.P.(MD).No.14466 of 2023) 1/5

Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the second respondent dated 01.06.2023 and quash the same as illegal, arbitrary and consequently directing the second respondent to de-freeze the petitioner's bank account bearing Current Account 922020028655748 (IFSC - UTIB0000381) and Savings Account Number 916010020795660/IFSC UTIB0000381 thereby enabling the petitioner to operate its bank account For Petitioner : No Appearance For R-1 & R-2 : Mr.A.Albert James, Government Advocate (Criminal Side) For R-4 : Mr.S.Kumar

ORDER

This Writ Petition was filed challenging the proceedings of the second respondent dated 01.06.2003 and for a consequential direction to the second respondent to defreeze the Bank account of the petitioner.

2. When the matter came up for hearing on 16.11.2023, this Court passed the following order.

"It is an issue between the customer and the company. With consent of both parties, the matter is referred to the Mediation and Conciliation Centre, attached to this Bench. The parties are directed to appear before the mediation centre on 29.11.2023. The Mediation Centre shall 2/5

issue notice to the parties to appear on that date for mediation. The petitioner is directed to appear for mediation through video conference. The Centre shall appoint a mediator who is capable of taking up the matter through online, since the petitioner is a resident of Odissa.

2. In the meantime, the certificate of corporation of the company may be produced either before this Court or before the mediator.

3. Post on 06.12.2023, after receiving the mediation report."

3. In spite of the above order, the petitioner was not appearing before the Mediation and Conciliation Centre attached to this Bench. A report submitted by the Mediation Centre shows that there was no progress in the mediation. Even today, there is no representation on the side of the petitioner.

4. In view of the above, no further orders can be passed in this Writ Petition.

5. Accordingly, the Writ Petition stands closed. No costs. Consequently, the connected miscellaneous petitions are closed. 08.11.2024 Index :Yes/No Internet : Yes/No TSG 3/5

To 1.The Commissioner of Police, Office of Commissioner of Police, Madurai City, Madurai District.

2.The Inspector of Police, Cyber Crime Police Station, T.P. Road, Madurai District.

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

4/5

N.ANAND VENKATESH.J., TSG Order made in Dated :

08.11.2024 5/5