S.Loganathan v. The Principal Secretary To Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2211 of 2020 S. Loganathan ... Petitioner/ Defacto Complainant Vs

1. The Principal Secretary to Government of Tamil Nadu, Home Department, Secretariat, Chennai - 600 009.

2. The Inspector General of Police, North Zone, St. Thomas Mount, Chennai 600 016.

3. The Deputy Inspector General of Police, Kancheepuram, Kancheepuram District.

4. The District Superintendent of Police, Thiruvallur District, Thiruvallur - 602 001.

5.The Deputy Superintendent of Police, District Crime Branch, Thiruvallur - 602 001.

6. The Inspector of Police, Gummudipoondi Police Station, Gummudipoondi.

... Respondents/ Respondents *RR1 to 3 Deleted vide order of Court dated 02.06.2020 Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. directing the fourth respondent to form the Special team under the head in the rank of Deputy Superintendent of Police for recovery of the Five Crore Valuable vehicles in Crime No.411 of 2019 on the file of the 6th respondent, as per the request of the petitioner's representation dated 22.01.2020 and pass orders.

For Petitioner : Mr.R. Velu For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

(The case has been heard through video conferencing) This Criminal Original Petition has been filed seeking direction to the fourth respondent, to form a Special team under the head in the rank of Deputy Superintendent of Police for recovery of the vehicle in Crime No.411 of 2019 on the file of the 6th respondent.

2. It is seen from the petition that the petitioner submitted his representation dated 21.01.2020 to form special team under the head in the rank of Deputy Deputy Superintendent of Police to recover the vehicles involved in crime No.411 of 2019. The petitioner is the defacto complainant. On the basis of his complainant, a case was registered in crime No.411 of 2019 for the offences Under Section 420 of I.P.C.

3. The learned Additional Public Prosecutor submitted that the vehicles involved in the crime do not belong to the defacto complainant and also submitted that it is up to the Investigation officer to recover the vehicles involved in the crime.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

5. Considering the above facts and circumstance of the case, the limited prayed sought for in this petition cannot be considered by this Court. However, the 6th respondent Investigating officer in crime No.411 of 2019 is directed to complete the investigation and file a final report within a period of 6 months from the date of receipt of a copy of this Order.

6. It is also seen that the respondents 1 to 3 are absolutely unnecessary party to the proceedings. Therefore, the respondents 1 to 3 are delinked from this petition as respondents.

7. With the above observations, this Criminal Original Petition is disposed off.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar

smn To

1. The District Superintendent of Police, Thiruvallur District, Thiruvallur - 602 001.

2.The Deputy Superintendent of Police, District Crime Branch, Thiruvallur - 602 001.

3. The Inspector of Police, Gummudipoondi Police Station, Gummudipoondi.

4.The Public Prosecutor, High Court, Madras.

Copy to:

The Sub Assistant Registrar(Crl Side), High Court,Madras.

Crl.O.P.No. 2211 of 2020 A.SK(22/07/2020)