Vijayalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.19342 of 2022 Vijayalakshmi

...Petitioner

-vs1.The Superintendant of Police, Trichy District, Trichy.

2.The Inspector of Police, District Crime Branch, Trichy, Trichirappalli District.

3.The Inspector of Police, Economic Offences Wing, Trichy, Trichirappalli District.

4.P.Giritharan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to transfer the Petitioner's complaint, dated 13.10.2022 on the file of the first Respondent to the second Respondent to investigate and take necessary action as per the Code of Criminal Procedure and the Indian Penal Code against the fourth Respondent. For Petitioner : Mr.R.Murugappan For R1 to R4 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor **** 1/5

O R D E R

The learned Counsel for the Petitioner submitted that this Petition had been filed to transfer the Petitioner's complaint, dated 13.10.2022 on the file of the first Respondent to the second Respondent to investigate and take necessary action as per the Code of Criminal Procedure and the Indian Penal Code against the fourth Respondent.

2.The learned Counsel for the Petitioner also submitted that the Petitioner had invested in the online trading with the fourth Respondent. She had deposited amount from her relatives also. Once the amount was received by the fourth Respondent, she had closed the accounts and also her Facebook account. Therefore, he had preferred a complaint with the first Respondent/Superintendent of Police, Trichy. It is his submission that the first Respondent had not forwarded the said complaint to any of his subordinates to conduct enquiry. Therefore, she had approached this Court. 3.The learned Additional Public Prosecutor submitted that the Petitioner's complaint was forwarded to the Inspector of Police, Economic Offence Wing, before whom the Petitioner was appeared 2/5

and the nature of the complaint was explained to her and she was directed to appear before the Cyber Crime Police. 4.The Respondents 1 to 3 in making a citizen of this country to go one pillar to post is not found acceptable. As a layman, the Petitioner is not aware whom to approach. She had rightly approached the first Respondent. As per Code of Criminal Procedure, if the allegation made in the complaint is found to attract any of the offence in the IPC, any Police Officer can register an FIR and can transfer it to the appropriate Police Station. 5.In the light of the above, the first Respondent is directed to direct the second or third Respondent to register an FIR and transfer it to the appropriate wing to proceed further, instead of directing the Petitioner to run from pillar to post.

6.With the above directions, this Criminal Original Petition is allowed.

17.11.2022 Index:Yes/No cmr 3/5

To 1.The Superintendant of Police, Trichy District, Trichy.

2.The Inspector of Police, District Crime Branch, Trichy, Trichirappalli District.

3.The Inspector of Police, Economic Offences Wing, Trichy, Trichirappalli District.

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

4/5

SATHI KUMAR SUKUMARA KURUP , J.

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