Case Note & Summary
The petitioner, R.Umamaheswari, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent (Inspector of Police, Bank Fraud Investigating Wing) to conduct a fair, proper, and independent investigation into her complaint in CSR.No.301 of 2025 by registering an FIR based on her complaint dated 21.07.2025 and to conclude the investigation expeditiously. The petitioner alleged that she held a savings bank account with Catholic Syrian Bank Limited, Guindy Branch, and her husband deposited Rs.5,00,000 for their son's marriage, but the amount was fraudulently withdrawn by unknown persons on the same day. She suspected involvement of bank employees. The police had not registered an FIR on her complaint. The Additional Public Prosecutor appearing for respondents 1 and 2 submitted that the same employees were involved in illegal activities and had unlawfully withdrawn funds from the petitioner and other customers. Based on a complaint by another customer, an FIR in Crime No.348 of 2025 had already been registered for offences under Sections 318(4), 316(2) and 61 of the Bharatiya Nyaya Sanhita (BNS). The prosecutor stated that the petitioner's complaint would be tagged with the other victims in Crime No.348 of 2025, she would be added as a witness, and her statement under Section 161 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) had already been recorded on 08.12.2025. Recording these submissions, the court found that no further FIR was required and disposed of the petition with a direction to tag the petitioner's complaint with Crime No.348 of 2025 and to add her as a witness.
Headnote
A) Criminal Procedure - Writ of Mandamus - Direction to Register FIR - Petitioner sought direction to register FIR on her complaint of fraudulent withdrawal from bank account - Court found that an FIR in Crime No.348 of 2025 had already been registered for similar offences by same employees - Held that no further FIR is required and petitioner's complaint be tagged with existing FIR and she be added as witness (Paras 1-4).
Issue of Consideration
Whether the court should direct the police to register an FIR on the petitioner's complaint or whether the existing FIR covering the same transactions suffices.
Final Decision
The court disposed of the writ petition recording the submission of the Additional Public Prosecutor that the petitioner's complaint will be tagged with Crime No.348 of 2025 and she will be added as a witness. No further FIR was directed.
Law Points
- Writ of Mandamus
- Investigation
- FIR registration
- Tagging of complaints
- Victim's right to fair investigation
