Muthukumar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD)No.18549 of 2020 Muthu Kumar ... Petitioner vs.
1.The Superintendent of Police O/o. The Superintendent of Police Virudhunagar District, Virudhunagar.
2.The Inspector of Police Vatchakkarapatti Police Station, Vatchakkarapatti, Virudhunagar District.
..Respondents Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus,directing the second respondent herein to initiate appropriate criminal action under the relevant provisions of law on the basis of the complaint, dated 06.11.2020 lodged before the first respondent herein which had been forwarded to the second respondent.
For Petitioner : Mr.A.Thiruvadi Kumar For Respondents : Mr.R.Srinivasan Government Advocate(Crl.Side)
ORDER
The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the 2nd respondent to initiate appropriate criminal action under the relevant provisions of law on the basis of the complaint, dated 06.11.2020 lodged before the 1st respondent, which had been forwarded to the 2nd respondent. 2.The learned counsel for the petitioner would state that one Dhiliban, Murugan, Mahalingam and Thangavel approached him and offered to secure job at Food Corporation of India, for which, the petitioner paid a sum of Rs.9 lakhs. It is stated that the said accused persons had also received the amount from one Gurumoorthy for getting job to him and issued fake appointment orders in the 1/3
name of the Food Corporation of India and when the same came to be exposed, the petitioner and the said Gurumoorthy insisted the accused persons for return of money and they undertook to return money by way of instalments, but failed to repay the said amount as promised by them and therefore, the petitioner gave a complaint dated 06.11.2020 before the 1st respondent/police, to take action against the accused persons and the same was forwarded to the 2nd respondent/police as well, but so far, no action has been taken. Hence, this petition.
3.The learned Government Advocate(Crl.Side) would state that on the petitioner's complaint, enquiry is pending. 4.Heard the learned counsel for the petitioner as well as the learned Government Advocate(Crl.Side).
5.Considering the facts and circumstances of the case, without going into the merits of the case, the respondents/police are directed to consider the complaint of the petitioner dated 06.11.2020 and take appropriate action in accordance with law after giving opportunity to the accused persons, within a period of four weeks from the date of receipt of a copy of this order. With the above directions, this Writ Petition is disposed of. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.
To 1.The Superintendent of Police O/o. The Superintendent of Police Virudhunagar District, Virudhunagar.
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2.The Inspector of Police Vatchakkarapatti Police Station, Vatchakkarapatti, Virudhunagar District.
ORDER MADE IN W.P.(MD)No.18549 of 2020 DATED : 16.12.2020 VB (18.01.2021) 3P 3C 3/3