Madurai: The Madras High Court Bench here on Friday ordered police to appoint an official in the rank of Deputy Superintendent of Police as Investigating officer and reopen a case of cheating filed against an AIADMK MLA and lay chargesheet within three months.
Disposing of the Criminal Original Petition filed by one Rm. Chinniah Ambalam, Justice N Kirubakaran said the Sivaganga police did not conduct proper investigation in the complaint, and closed the case as "mistake of fact".
Police had compelled the petitioner to approach the Magistrate as well as this court. Even after the court gave the direction, police registered the case only after two months.
Besides only when the petitioner approached the court seeking alteration of FIR (and also incorporate IPC 420 (cheating) along with some other IPC sections) was the complaint closed as mistake of fact."This will only strengthen the apprehension of the petitioner that investigation is not done properly. This court is compelled to form a opinion that the investigation has not been done properly," the judge said.
The petitioner submitted that he had lent Rs 11 lakh to the Karaikudi AIADMK MLA CT. Palanichamy for poll expenses during last year`s assembly elections on the assurance that the money would be returned in six months. However after winning in the elections, the MLA did not keep the promise.
The petitioner said the case had been hurriedly closed by police. He alleged that police did not show any interest in the case from the beginning. Even the FIR Was registered only after two months. Hence the court should direct that the case be reopened and investigated.