Madras High CourtCRL OP/31779/2014closed

A.Andal v. The Tamil Nadu State

2016-08-26Honourable Mr Justice P. Kalaiyarasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.No.31779 of 2014 A.Andal .. Petitioner Vs.

1. The Tamil Nadu State Rep. by The Commissioner of Police Office of Chennai Police Commissioner, Egmore, Chennai - 600 022.

2. The Deputy Commissioner of Police Royapettah Police Station, Royapettah, Chennai - 14.

3. The Assistant Commissioner of Police Royapettah Police Station, Royapettah, Chennai - 14.

4. The Tamil Nadu State Rep. by The Inspector of Police (Crime Branch) Royapettah Police Station, Royapettah, Chennai - 14.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to register F.I.R on the basis of the petitioner's complaint, dated 11.02.2013 covered under No.2031/COP/Visitors/2013, investigate and also file a final report. For Petitioner : Mr.V.Sekar For Respondents : Mr.R.Sekar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, seeking an order to direct the respondents to register F.I.R on the basis of the petitioner's complaint, dated 11.02.2013 covered under No. 2031 / COP / Visitors/2013, investigate and also file a final report.

2. Heard both sides.

3. It is averred in the petition that the petitioner has been cheated by one Ranganathan, Selvam and Velappan to the tune of Rs.1.5 crores in selling the property and a complaint has been lodged with the respondents police on 11.02.2013. But no action was initiated by the respondents police. Therefore, the present Criminal Original Petition has been filed by the petitioner.

4. The learned Government Advocate (Crl. side) though took several adjournments in the Criminal Original Petition filed in the year 2014, submits today that based on the complaint of the petitioner, dated 11.02.2013, enquiry was conducted and the same was closed even on 19.03.2013.

5. Had the closure of the complaint been informed in time, the aged petitioner (68 years) would not have faced the ordeal not only approaching this Court but also conducting this Original Petition for the past two years.

6. Considering the age and ordeal undergone by the petitioner, the respondent / Investigating Officer is directed to pay a cost of Rs.5,000/- (Rupees Five Thousand only) to the petitioner as cost, within two weeks from today. The State is directed to pay the cost and recover the same from the salary payable to the concerned Investigating Officer.

6. The respondent police is directed to furnish a copy of the closure report to the petitioner within one week from today and the petitioner is at liberty to proceed further in the manner known to law. However, it is suffice to observe that the period from the date of complaint till today is to be excluded from the delay on the part of the petitioner, as it had occurred due to the lapses on the part of the respondent / Investigating Officer, as already observed. With the above observations, this Criminal Original Petition is closed.

26.08.2016 tsvn Note to Office :

Issue order copy on

31.08.2016.

P.KALAIYARASAN, J tsvn To

1. The Commissioner of Police Office of Chennai Police Commissioner, Egmore, Chennai - 600 022.

2. The Deputy Commissioner of Police Royapettah Police Station, Royapettah, Chennai - 14.

3. The Assistant Commissioner of Police Royapettah Police Station, Royapettah, Chennai - 14.

4. The Inspector of Police (Crime Branch) Royapettah Police Station, Royapettah, Chennai - 14.

5. The Public Prosecutor High Court of Madras.

Crl.O.P No.31779 of 2014 26-08-2016