Manivannan.R v. The Superintendent Of Police

1 W.P.(MD)No.20233 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.20233 of 2021 R.Manivannan ... Petitioner Vs.

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

2. The Sub Inspector of Police, Appanthirupathi police station,

3. The Inspector of Police, Oomachikulam police station,

4. B.Pandeeswari Uma

5. The Inspector of Police, Nilakkottai police station, Nilakkottai,Dindigul District.

(R-5 is suo motu impleaded vide Order dated 11.11.2021) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to take action on the basis of the representation given by the petitioner dated 12.09.2021 and complete the investigation within the time stipulated by this Court. For Petitioners : Mr.N.Ananthapadmanabhan, for M/s.APN Law Associates.

For R-1 to R-3 & R-5 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 to 3.

2. Considering the nature of relief to be granted, notice to the fourth respondent is dispensed with.

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3. The Inspector of Police, Nilakottai police station is suo motu impleaded as the fifth respondent. The learned Additional Public Prosecutor is directed to take notice for the suo motu impleaded fifth respondent.

4. The petitioner and the fourth respondent are husband and wife. Both of them were employed abroad. The fourth respondent returned to India earlier. The petitioner returned to India in the year 2020 only. The petitioner's case is that from the salary account maintained by HDFC Bank, at Chennai, withdrawal was made by the fourth respondent at Nilakkottai. The petitioner had given a complaint to the Superintendent of Police, Madurai District and the same was forwarded to the third respondent.

5. Since the impleaded fifth respondent appears to be the concerned competent authority, the third respondent is directed to forward the papers to the fifth respondent immediately and without any delay. The petitioner is directed to appear before the fifth respondent on 19.11.2021 at 11.00 a.m. The fifth respondent shall hold an enquiry and conclude the same on merits and in accordance with law within a period of two weeks thereafter. If the fifth respondent is satisfied that cognizable offence is made out, then First Information Report shall be registered and action shall be taken accordingly.

6. With these directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Madurai District, Madurai.

2. The Sub Inspector of Police, Appanthirupathi police station,

3 W.P.(MD)No.20233 of 2021

3. The Inspector of Police, Oomachikulam police station,

4. The Inspector of Police, Nilakkottai police station, Nilakkottai,Dindigul District.

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

+1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-34185[F] dated 11/11/2021 ) W.P.(MD)No.20233 of 2021 11.11.2021 MGJ/SKN(22.11.2021) 3P 7C