K.Valarmathi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.213 of 2025 K.Valarmathi ... Petitioner Vs 1.The Superintendent of Police, O/o. the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Ramanathapuram Sub - Division, Ramanathapuram District.

3.The Inspector of Police, District Crime Branch, Ramanathapuram 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 the petitioner's representation and conduct further investigation on the complaint lodged by the petitioner dated 04.06.2025 within the time stipulated by this Court. 1/6

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The petitioner/A1 in CC No.569 of 2023, on the file of the Judicial Magistrate Court No.II, Ramanathapuram, has moved this application, seeking a direction to the respondent police to conduct further investigation in the above case. 2.The learned counsel appearing for the petitioner submits that the petitioner is a victim. It is in fact she has collected money on behalf of A7 and handed over the entire amount to A7. This petitioner has also lodged a complaint as against A7, however, instead of taking action as against A7, the respondent police has mechanically registered a case, including this petitioner as an accused.

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3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents submits that a criminal case has been registered as against this petitioner as well as A7. Suppressing the same, this petitioner has moved an application before this Court in WP(MD) No. 21376 of 2024, seeking a direction to the respondent police to consider her representation, dated, 09.07.2024. This Court, by its order, dated 10.09.2024 has disposed of that petition, with liberty to the petitioner to approach the District Crime Branch, Ramanathapuram. The learned Additional Public Prosecutor further submits if this petitioner wants to take any defense, it has to be taken only before the trial Court and this petitioner, being an accused is not entitled to seek for further investigation in Crime No.11 of 2022. 4.This Court considered the rival submissions made and also perused the materials placed on record.

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5.The grievance of the petitioner is that this petitioner has collected money from the depositors only on behalf of A7 and she has also handed over the entire amount to A7. The respondent Police has found that this petitioner along with A7 have collected the money and cheated the depositors. On completion of investigation, the respondent police has already filed a final report as against this petitioner and A7. As rightly pointed out by the learned Additional Public Prosecutor, if the petitioner is having any defense, she has to raise it before the trial Court at the time of trial and this petitioner is not entitled to seek further investigation, when she was arrayed as an accused.

6.With the above observations, this writ petition is dismissed. No costs.

18.06.2025 Index:Yes Internet:Yes vrn 4/6

To 1.The Superintendent of Police, O/o. the Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Ramanathapuram Sub - Division, Ramanathapuram District.

3.The Inspector of Police, District Crime Branch, Ramanathapuram District.

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B.PUGALENDHI, J.

vrn Order made in W.P.Crl.(MD)No.213 of 2025 18.06.2025 6/6