1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.706 of 2011 M.Radhakrishnan ... Petitioner Vs. 1.The Director General of Police, Mylopore, Chennai-6. 2.The Inspector General of Police, South Zone, Madurai. 3.The Commissioner of Police, Madurai City, Madurai. 4.The Inspector of Police, Vigilance and Anticorruption, Alagarkoil Road, K.Pudhur, Madurai. 5.The Sub Inspector of Police, Mathichiyam Police Station, Madurai City, Madurai. 6.Jayasri, The Deputy Commissioner of Police(Crime) Madurai City, Madurai. 7.Nethaji, The Inspector of Police, Central Crime Branch(Unit I) Madurai. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 4th respondent to take necessary action against the respondents 6 & 7 on the basis of the complaint given by the petitioner dated 06.01.2011. For Petitioner : Mr.V.Kannan For Respondents 1 to 5: Mr.K.Balasubramanian, Additional Government Pleader. For 6th Respondent : No appearance For 7th Respondent : Mr.S.M.A.Jinnah https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner has filed this writ petition seeking for a direction to the fourth respondent to take necessary action against the respondents 6 & 7 on the basis of the complaint given by the petitioner, dated 06.01.2011. 2.Learned counsel for the petitioner would contend that the respondents 6 and 7 did not investigate into the matter in a fair manner pursuant to the complaint given by the petitioner and therefore, the fourth respondent has to initiate action against the respondents 6 and 7. 3.The seventh respondent has filed counter affidavit stating that in Crl.O.P.(MD)No.4130/2010, this Court directed the Inspector of Police, Central Crime Branch, Unit-I, Madurai City, to complete the investigation and submit a final report in E2 Mathichiyam Crime PS Crime No.1633 of 2010 within a period of four months from the date of receipt of a copy of the order. Pursuant to that order, the respondents 6 and 7 completed the investigation and on 18.07.2010 filed a charge sheet under Sections 406, 420 & 120(b) IPC against the accused as stated by the petitioner and the charge sheet was taken on file in C.C.No.222 of 2010 and the matter was posted on 31.03.2011 for trial. Therefore, the apprehension of the petitioner is baseless and if at all, the petitioner has got any grievance, he can always appear before the Judicial Magistrate No.I, Madurai to put forth his case. Since the charge sheet itself has been filed under Sections 406, 420 & 120(b) IPC, nothing survives in this writ petition and the prayer made in the writ petition especially seeking to take initiate action against the respondents 6 and 7 is not sustainable in law. 4.Heard the submissions made by the learned counsel on either side and perused the materials available on record. 5.The only apprehension of the petitioner is that even though he has made a complaint for the huge amount has been swindled, the investigation has not been done properly. But unfortunately, he has failed to note that this Court in Crl.O.P. (MD)No.4130/2010 ultimately directed the seventh respondent to investigate the matter and file the final report within the stipulated time and within that period, the investigation was completed and even charge sheet has also been filed which is now pending before the Judicial Magistrate I, Madurai in C.C.No.226 of 2010. Therefore, the apprehension of the petitioner is not correct. The petitioner has not made out any case to initiate action against the respondents when they have already complied with the order of this Court. 6.In such view of the matter, if at all the petitioner is aggrieved in respect of charge, it is always open for him to approach the Judicial Magistrate No.I, Madurai to put forth his submissions. The writ petition is disposed of. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Director General of Police, Mylopore, Chennai-6. 2.The Inspector General of Police, South Zone, Madurai. 3.The Commissioner of Police, Madurai City, Madurai. 4.The Judicial Magistrate No.I, Madurai 5.The Inspector of Police, Vigilance and Anticorruption, Alagarkoil Road, K.Pudhur, Madurai. 6.The Sub Inspector of Police, Mathichiyam Police Station, Madurai City, Madurai. 7.The Deputy Commissioner of Police(Crime) Madurai City, Madurai. 8.The Inspector of Police, Central Crime Branch(Unit I) Madurai. +1cc to M/s.V.Kannan, Advocate Sr.No.14523 +1cc to the Special Govt.Pleader, Sr.No.14815 sms ssk/12.05.2011 /11c-3p/- Writ Petition (MD)No.706 of 2011 20.04.2011 https://hcservices.ecourts.gov.in/hcservices/