Manoj Paul v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4834 of 2021 and Crl. MP No.3141 of 2021 Manoj Paul Country Manager (India & South Asia) and Director, Heat and Control (South Asia) Pvt Ltd., E2, 3rd Avenue, Anna Nagar East, Chennai 600 040.

...Petitioner/Defacto Complainant

vs.

State Rep. By Inspector of Police, Central Crime Branch, Team I, Vepery, Chennai ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the case in CCB Crime No.142 of 2018, on the file of Inspector of Police, CCB, Team-I, Chennai 600 007 now pending before the learned CCB & CBCID Metropolitan Magistrate, Egmore, Chennai 8, to direct appropriate further investigations to be conducted by a higher police officer not below the rank of Assistant Commissioner of Police attached to the CBCID under the control of the Inspector General of Police.

For Petitioner : Mr.S.Ashok Kumar, SC for Mr.A.Sasidharan For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for further investigation in Crime No.142 of 2018 to be conducted by a higher level police officer or by a different agency.

2. Heard Mr.S.Ashok Kumar, learned Senior Counsel for Mr.A.Sasidharan, appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the respondent.

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3. Taking into consideration the facts and circumstances of the case and also of the fact that a Protest Petition has already been filed by the petitioner before the Court below in Criminal MP No.11944 of 2020, there shall be a direction to the CCB & CBCID Metropolitan Magistrate, Egmore, Chennai, to pass orders in Crimial MP No.11944 of 2020 strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order. Insofar as the relief seeking for further investigation to be conducted by a higher level officer or by a different agency is concerned, the same shall await the orders passed in the Protest petition. Liberty is granted to the petitioner to approach this Court after the orders are passed in the Protest Petition.

4. This Criminal Original Petition is disposed of with the above direction. Consequently, the connected miscellaneous petition is closed.

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

1. The CCB & CBCID Metropolitan Magistrate, Egmore,Chennai.

2. The Inspector of Police, Central Crime Branch,Team I, Vepery, Chennai 7.

3. The Public Prosecutor, High Court of Madras,Chennai 600 104.

+1 cc to M/s.A.Sasidharan,Advocate Sr No.15529 Crl.O.P No.4834 of 2021 and Crl. MP No.3141 of 2021 SKY(CO) RG.21.04.2021 (2P/5C) https://hcservices.ecourts.gov.in/hcservices/