C.Karmegam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1048 of 2016 C.Karmegam ... Petitioner Vs

1. The Commissioner of police, O/c Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.

2. The Inspector of Police, S-1, St. Thomas Mount Police Station, Chennai District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 2nd respondent police to register a case based on the complaint given by the petitioner dated 19.10.2015.

For Petitioner : Mr.M.Chellapandian For Respondents : Mr.S.Shanmugavelayutham, Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the 2nd respondent police to register a case based on the complaint given by the petitioner dated 19.10.2015.

2. In the petition it has been stated that the petitioner is residing at No.3, Subramaniyabharathi Street, Balaji Nagar, Angakapudur, Pallavaram, Chennai and he is a retired Government servant from Central Government of India. The petitioner's elder son Karunakaran, who has completed B.Com degree and was trying to get job in Government sector. One Nandakumar

introduced one Anbalzhan to the petitioner stating that he is having political influence and he could secure a job in Government sector. Thereafter, the petitioner contacted the said Anbalzhan through cell phone and subsequently, met directly on 30.04.2015 at Secretariat, St. George Fort, Chennai and the said Anbalzhan told the petitioner that the government job for Assistant posts are available in RTO office and he gave assurance to the petitioner to secure one job to the petitioner's son and demanded a sum of Rs.5,00,000/-. Believing the words of the said Anbalzhan, on 02.05.2015, the petitioner gave a sum of Rs.5,00,000/- to the said Anbalzhan. After receiving the money, he has neither secured a job nor returned the amount to the petitioner. Hence, the petitioner has lodged a complaint on 19.10.2015. But, the said complaint was not registered so far. Hence, the petitioner has filed the present criminal original petition.

3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondents.

4. The learned Public Prosecutor submitted that the Jurisdictional police station is Guindy Police Station and if the petitioner gives a fresh complaint to the Inspector of Police, Guindy Police Station, necessary action will be taken.

5. In view of the submissions made on either side, this Court directs the petitioner to give a complaint along with the copy of this order before the Inspector of Police, Guindy Police Station within a period of one week from the date of receipt of a copy of this order, and on receipt of the same, the 1st respondent is directed to conduct enquiry and proceed further in accordance with law.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vsm

To

1. The Commissioner of police, O/c Commissioner of Police, Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai.

2. The Inspector of Police, S-1, St. Thomas Mount Police Station, Chennai District.

3. The Inspector of Police, Guindy Police Station, Guindy, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Chellapandian, Advocate, S.R.No.4278 +1cc to the Public Prosecutor, S.R.No.4633 Crl.O.P.No.1048 of 2016 SCD(CO) CA(09/02/2016)