Madras High CourtWP(MD)/27539/2024dismissed

K.Muthalagan v. The Inspector Of Police

2024-11-19Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K. Muthalagan .. Petitioner Vs

1. The Inspector of Police Cyber Crime Police Station(CCD-III) Madurai City

2. The Branch Manager HDFC Bank Neelambur Branch Coimbatore Branch .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to collect money from the second respondent and hand over the same to the petitioner within the time stipulated by this Court. For Petitioner : Mr.I.Sabeer Mohamed For Respondents : Mr.A.Thiruvadikumar No.1 Additional Public Prosecutor 1/4

ORDER

This Writ Petition has been filed to direct the first respondent to collect money from the second respondent and hand over the same to the petitioner within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that the petitioner has lodged online complaint on 07.08.2023 alleging that on line fraud the petitioner has lost a sum of Rs. 7,80,235/-, for which CSR No. 820 of 2023 assigned but no action has been taken.

3. The learned Additional Public Prosecutor would submit that on the complaint of the petitioner enquiry has been conducted and the first respondent police were able to locate the amount of 302540 which was received and taken out from the accused persons. This amount is now with the second respondent and the first respondent has no objection is returning the amount to the petitioner.

4. In view of the same the petitioner can very well file an application before the trial Court and seek for return of money which is 2/4

now available with the second respondent. With regard to further amount, enquiry is going on and as and when the amount is seized the same to be intimated to the petitioner.

5. With the above direction, the Writ Petition stands disposed of. No costs.

19.11.2024 Index: Yes/No Internet : Yes/No aav To

1. The Inspector of Police Cyber Crime Police Station(CCD-III) Madurai City

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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M.NIRMAL KUMAR, J.

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