T.Rajesh v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN T.Rajesh ... Petitioner Vs.

The State Rep.by The Inspector of Police, Manimangalam Police Station, Tambaram, Chengalpattu District.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent Police to file the final report in Crime No.1733 of 2020 within a time frame that may be fixed by this Court. For Petitioner : Mr.Sathiyaraj E.

For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the respondent Police to file the final report in Crime No.1733 of 2020 within a time frame that may be fixed by this Court.

1/5

2. According to the petitioner, on 13.11.2020, he went to his native place to celebrate Diwali. During that time, on 16.11.2020 at 7.00 a.m., the petitioner's driver informed him that his locked house had been broken. Hence the petitioner contacted his friend Saravanan to confirm the same. As such, the said Saravanan, went to the petitioner's house and confirmed that locked house had broken. On enquiry, it is found that the gold jewels and diamond jewellery, which were kept in the locker, were stolen. Hence, the said Saravanan lodged a complaint dated 16.11.2020 to the respondent-Police. The respondent-Police registered the case in Crime No.1733 of 2020, but no final report was filed till date. Hence, the present petition.

3. Learned Government Advocate (Crl.Side) appearing for the respondent-Police submitted that the petitioner is neither the complainant nor any interested party in the case and he has no locus standi to file the present petition. He further submitted that the respondent-Police is not in a position to find out the accused person, and hence, they closed the complaint.

2/5

4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances, this Court is not convinced with the submission made by the learned Government Advocate (Crl.Side) with regard to the closure report, and therefore, the order passed by the respondent-Police is hereby set aside. The petitioner is directed to give fresh complaint to Inspector of Police, CB-CID, Chennai. On receipt of such complaint, the CB-CID, Chennai, is directed to investigate the matter and file a charge sheet within a period of three months from the date of filing of fresh petition by the petitioner.

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

28.01.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The Inspector of Police, Manimangalam Police Station, Tambaram, Chengalpattu District.

2. The Public Prosecutor, High Court, Madras.

Copy to :

The Inspector of Police CBCID, Egmore, Chennai.

4/5

P.VELMURUGAN, J ms 28.01.2025 5/5