Benjamin Arokyaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NOS.7097 & 7127 OF 2022 Benjamin Arokyaraj

...Petitioner in both Crl.O.P's

Vs The State represented by The Inspector of police, CCB-1, Veppery Chennai

...Respondent in both Crl.O.P's

Prayer in Crl.O.P.No.7097 of 2022 : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to file final report in Crime No.170 of 2021 on the file of the respondent police within the time frame that may be fixed by this Court.

Prayer in Crl.O.P.No.7127 of 2022 : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to conduct the further investigation and include all the accused involved in the offence in Crime No.170 of 2021 on the file of the respondent police based on the correspondence dated 14.02.2022.

For Petitioner in both Crl.O.P's :

Mr.Aloysius Raha Pragash M.

For Respondent in both Crl.O.P's :

Mr.V.Meganathan, Government Advocate (Crl.side) C O M M O N O R D E R These Criminal Original Petitions have been filed to direct the respondent to file final report in Crime No.170 of 2021 on the file of the respondent police within the time frame and to direct the respondent to conduct the further investigation and include all the accused involved in the offence in Crime No.170 of 2021 on the file of the respondent police based on the

correspondence dated 14.02.2022.

*2. The learned counsel for the petitioner would submit that the petitioner is doing business under the name and style of VIMAL Traders engaged in distribution of cool drinks and beverage viz., Pepsi, Coco Cola and other items. One Musthafa, who is running food and catering stalls in various railway stations of the Southern Railway had induced the petitioner to pay an amount of Rs.2 Crore 20 Lakhs for obtaining a railway canteen licence. Based on false representation, the petitioner believing him, had paid the said amount and did not get the railway licence. Thereafter, the said Musthafa had cheated the petitioner to the tune of Rs.2 Crore and 20 Lakhs. He had also transferred the amount to various accounts including his daughter one Jesina. He would further submit that the respondent had not added the name of the accused and the case is pending from 2021 and final report has not been filed yet.

3. Mr.V.Meganathan, learned Government Advocate (Crl.Side) would submit that allegation made in the complaint is that one Musthafa had cheated the de-facto complainant / petitioner. He would further submit that investigation is going on. In the event of any materials found against the said Jesina, the respondent will add her name in the case. He would further submit that the respondent will be able to complete the enquiry and file the final report within a period of six months.

4. Recording the same, these Criminal Original Petitions stand disposed of with the direction to the respondent police to complete the enquiry and file the final report within a period of six months from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CS-II) Dated:07/04/2022 *Para 2 and 3 in the order dated 29.03.2022 deleted and substituted as per order of this court dated 21.04.2022 made in Crl.O.P.No.7097/2022 & 7127/2022 Sd/- Assistant Registrar(CS-II) Dated:28/04/2022 // True Copy // shk/sai Sub Assistant Registrar

To 1.The Inspector of police, CCB-1, Veppery Chennai.

Corrected order to be Substituted to the order already despacted 2.The Public Prosecutor, on 20.04.2022 Madras High Court, Madras.

+2ccs to M/s.M.Aloysius Raja Pragash, Advocate,Sr.No.*2740 Crl.O.P.Nos.7097 & 7127 of 2022 AK(CO) RVM(11/04/2022) SB(29/04/2022)