Madras High Court
P.Natarajan vs The Superintendent Of Police on 5 October, 2015
Author: S.Vimala
Bench: S.Vimala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2015
CORAM
THE HONOURABLE MRS.JUSTICE S.VIMALA
Crl.O.P.(MD)No.19029 of 2015
P.Natarajan : Petitioner
Vs.
1.The Superintendent of Police,
Theni District,
Theni.
2.The Deputy Superintendent of Police,
(District Crime Branch),
O/o. Superintendent of Police Building,
Theni, Theni District.
3.The Sub Inspector of Police,
O/o. Superintendent of Police Building,
District Crime Branch,
Theni, Theni District. : Respondents
Petition filed under Section 482 of Code of Criminal Procedure to
direct the first respondent to instruct the third respondent to register a
case on the basis of the petitioner's complaint dated 13.08.2012.
!For Petitioner : Mr.M.A.M.Raja
For Respondents : Mr.P.Kandasamy,
Government Advocate (Crl.Side)
:ORDER
This petition has been filed seeking a direction to the first respondent to instruct the third respondent to register a case, based upon the complaint made by the petitioner dated 13.08.2012.
2. The petitioner has given a complaint stating that he is running a jewellery shop in the name and style of 'Sri Balaji Jewelers'; on 13.08.2008, the proposed accused approached the petitioner and got an order for making jewels by giving false undertaking; without understanding the real fact, the petitioner also gave the gold biscuits and currency; subsequently, he came to know the fraudulent act of the petitioner, which gives him loss to the tune of 1400 grams of gold worth about Rs.42,00,000/-; at the intervention of mediators, the proposed accused accepted to return the amount and issued a receipt to that effect on 21.03.2012; but, when he approached the proposed accused to repay the amount, he has not remitted the same as promised.
3. It is represented that a complaint was given to the first respondent as early as on 13.08.2012 and still the matter is not investigated at all.
4. The learned Government Advocate (Crl.Side) would submit that this is a matter where preliminary enquiry is required and the respondent concerned will commence the preliminary enquiry. This undertaking is recorded.
5.As per the judgment of the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)], the respondent concerned may conduct a preliminary enquiry which shall not extend beyond a period of seven days from the date of receipt of a copy of this order. In conducting the preliminary enquiry, they shall put the concerned parties upon notice and follow the dictum laid down in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. At the end of the enquiry, if any cognizable offence is made out, the concerned respondent shall register a case. In the event of effecting closure of the case upon conducting a petition enquiry, intimation regarding closure shall be sent to the complainant. It is open to the petitioner to approach the concerned Judicial Magistrate in accordance with law, if he is aggrieved.
6. The Criminal Original Petition is disposed of accordingly.
To
1.The Superintendent of Police, Theni District, Theni.
2.The Deputy Superintendent of Police, (District Crime Branch), O/o. Superintendent of Police Building, Theni, Theni District.
3.The Sub Inspector of Police, O/o. Superintendent of Police Building, District Crime Branch, Theni, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..