Kumar Guptha v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1610 of 2022 Kumar Guptha ... Petitioner/Defacto Complaint Vs.

1.Inspector of Police, M-8, Sathangadu Police Station, Madhavaram.

2.Deputy Commissioner of Police, Madhavaram Division.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to file final report under the supervision of the 2nd respondent. For Petitioner :

Mr.C.Emalias For Respondents:

Mr.E.Raj Thilak Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to file final report under the supervision of the 2nd respondent.

2.The petitioner is running a jewellery shop in the name and style of Sree jewellery, one Kalai @ Abdul Rahman and his wife Nisha had purchased jewels to the tune of 2kg 690 Gram 463 Milli gold valuing around Rs.85,00,000/- during August 2018. Thereafter, he had failed to make any payment, on discreet enquiry had come to know that the said Kalai @ Abdul Rahman and his wife Nisha have converted the gold, misappropriated the same and got enriched. With all particulars FIR has been registered on 01.10.2018, for offences under Sections 406 & 420 IPC, but no action taken by the respondent police. It is the further apprehension of the petitioner that the police are in complacent with the accused and also shared the booty. The respondent police though all the particulars with the relevant documents given, for the reasons best known to them, had not taken any https://hcservices.ecourts.gov.in/hcservices/

action and the accused are scot-free and they are available in their locality. Therefore, the petitioner gave the complaint to the superior officer.

3. The learned Additional Public Prosecutor submits that the police are taking necessary efforts, they have formed special team to nab the accused and seeks small accommodation to report about the steps taken from the year 2018 to till date. 4.The learned counsel for the petitioner submits that the final report will not be filed unless specific direction is given to file final report in this case.

5.Finding that huge quantity of gold jewels have been misappropriated and the petitioner have been cheated and no recovery has been made, the respondent police to take action to recover the gold and to file the final report in this case within a period of six months. The period of six months is only an outer limit. Investigation in this case to be monitored by the Deputy Commissioner of Police, Madhavaram Division.

6. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar sli To 1.The Inspector of Police, M-8, Sathangadu Police Station, Madhavaram.

2.The Deputy Commissioner of Police, Madhavaram Division.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Emalias, Advocate SR.No.10158 CRL.O.P.No.1610 of 2022 BS(CO) GMY(22/02/2022) https://hcservices.ecourts.gov.in/hcservices/