K.G.Sekar v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5569 of 2019 and Crl.M.P.No.3175 of 2019
1. K.G.Sekar
2. Kanchana ... Petitioners Vs
1. The State;
Represented by The Inspector of Police, Central Crime Branch-II, Vepery, Chennai - 600 007.
2. B.Ramkumar ... Respondents Prayer:
Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the FIR registered in Crime No.137 of 2018 on the file of the Inspector of Police, Central Crime Branch - II, Vepery, Chennai and quash the same. For Petitioners : Mr.Jerry V.V.Sundar For Respondent-1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor For Respondent-2 : Mr.L.Rajasekar
ORDER
This Criminal Original Petition has been filed by the petitioners seeking for quashing the FIR in Crime No.137 of 2018 on the file of the first respondent police, Central Crime Branch - II, Vepery, Chennai.
2. The learned Additional Public Prosecutor would submit that the proceedings issued by the Police Department and the same is produced before this Court today, by the Deputy Commissioner of Police, Central Crime Branch - II, Chennai, which reads as follows.
The above reference cited case was registered on the complaint of Tr.Ramkumar of Kolathur for the allegation that the accused K.G. Sekar and 8 others have colluded and cheated a sum of Rs.1.76 crores by furnished forged documents and claimed the property situated at Koratur Village by impersonated as original owner Tmt.Revathy.
The case is being investigated by Tr.R.Silambu Selvan, Inspector of Police, Team-XXI, EDF-III Wing of CCB.
2. Further, on the complaint of above said property original owner Tmt.Revathy a case in CCB Cr.No.65/2018 U/s.419, 465, 467, 468, 471 r/w Sec.120B IPC was registered for impersonation and others have colluded together and created forged documents and grabbed the above said property. The case is being investigated by Tr.Anbalagan, Inspector of Police, Team-XVI, ALGSC-I, CCB.
3. Considering the contention and gravity of both cases, Tr.R.Silambu Selvan, Inspector of Police, Team-XXI, EDF-III is hereby instructed to hand over the CD file in CCB Cr.No.137/2018 to Inspector of Police, Team-XVI, ALGSC-I, CCB.
4. Inspector of Police, Team-XVI, ALGSC-I, CCB is directed to collect the CD file of CCB Cr.No.137 of 2018 and all other relevant records from Tr.R.Silambu Selvan, Inspector of Police, Team-XXI, EDF-III Wing, CCB at once and merge the case with CCB Cr.No.65/2018 to initiate further investigation in accordance with law.
3. Thus, both the FIR Nos.65 and 137 of 2018 are now clubbed together for investigation. Therefore, the first respondent police is directed to close the one FIR No.65 of 2018 and proceed with the enquiry in another FIR No.137 of 2018. 4.
Further, considering the facts and circumstance of the case, this Court directs the first respondent police to complete the investigation in Crime No. 137 of 2018 pending on his file and file a final report within a period of three months from the date of the receipt of a copy of this Order.
5. This Criminal Original Petition is disposed of accordingly. Consequently, connected Criminal Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msm To
1. The Inspector of Police, Central Crime Branch-II, Vepery, Chennai - 600 007.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.L.Rajasekar, Advocate, S.R.No.23808 Crl.O.P.No.5569 of 2019 SSP(CO) CS/25/04/2019