Madras High CourtCRL OP/4796/2014closed

E.Elumalai v. The State Rep By

2015-10-12Honourable Mr Justice P. N. Prakash2 pages

0IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.4796 of 2014 E.Elumalai .. Petitioner Vs

1. The State rep. by The Superintendent of Police, O/o. The Superintendent of Police, Collectorate Compound, Kanchipuram District, Kanchipuram - 631 501.

2. The Inspector of Police, District Crime Branch (Land Grabbing) O/o. The Superintendent of Police, Collectorate Compound, Kanchipuram District, Kanchipuram - 631 501.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 2nd respondent to register the complaint dated 02.12.2013 and to investigate the same in accordance with law expeditiously and consequently direct the 1st respondent to monitor the investigation of the same. For Petitioner : Mr.M.Elayaraja for M/s.Nathan and Associates For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent to register the complaint dated 02.12.2013 and to investigate the same in accordance with law expeditiously and consequently direct the 1st respondent to monitor the investigation of the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that the complaint dated 11.11.2013 has been sent to one Mr. Sathyamurthy, DIG, Land Acquisition, Chennai - 4 and Mr. Mohan, Deputy Superintendent of Police, Kelambakkam, Chennai. Further, the complaint dated 2.12.2013 is in furtherance of a representation that is said to have been given by this petitioner to the Honourable Chief Minister of the State. On such complaint, no FIR can be registered in as much as a complaint should be first given to the concerned jurisdictional station house officer, as contemplated by Section 154 Cr.P.C. Hence, no directions to register the FIR on the complaint dated 2.12.2013 can be issued as prayed for by the petitioner. Therefore, this petition is closed with a liberty to the petitioner to work out his remedies in the manner known to law.

msr -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, O/o. The Superintendent of Police, Collectorate Compound, Kanchipuram District, Kanchipuram - 631 501.

2. The Inspector of Police, District Crime Branch (Land Grabbing) O/o. The Superintendent of Police, Collectorate Compound, Kanchipuram District, Kanchipuram - 631 501.

3. The Additional Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.Nathan and Associates, Advocate SR 55881 sr(co) prk16/11 Crl.OP No.4796 of 2014 https://hcservices.ecourts.gov.in/hcservices/