D.Chandrashekhar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.07.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6143 of 2020 D. Chandrashekhar, A-47, Managing Director, M/s. Devaraj Agro Industries, No.1, Sethilswamy Street, Nandavanamettur, Avadi, Chennai 600 071 ... Petitioner Vs

1. The Commissioner of Police, Office of the Commissioner of POlice, Vepery, Chennai 600 007.

2. The Inspector of Police, Central Crime Branch, Team-II, Vepery, Chennai 600 007 ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in respect of Crime No.503 of 2014 on the file of the 2nd respondent police to any other agency..

For Petitioner : Mr. K. Venkateswaran For Respondents : Mr. S. Karthikeyan Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed seeking a direction to transfer the investigation in Crime No.503 of 2014 on the file of the 2nd respondent police to any other agency.

2. The learned counsel for the petitioner would submit that on the complaint lodged by the petitioner on 23.12.2014, a case was registered in Crime No.503 of 2014 for the offences under Sections 408 and 506(i) of IPC. Thereafter, the 2nd respondent did not even enquire the defacto complainant and kept the First Information Report in cold storage. Therefore, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has filed a writ petition in Crl.O.P.No.15372 of 2016 for direction directing the second respondent to file final report and this Court by an order dated 20.07.2016 directed the 2nd respondent to file the final report as expeditiously as possible. Even then, the 2nd respondent did not complete the investigation and not even call the petitioner for investigation.

3. The learned Additional Public Prosecutor would submit that after the direction issued by this Court, the petitioner never appeared before the 2nd respondent for enquiry and only because of the non appearance of the petitioner, investigation is still pending.

4.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 5.

Considering the above submission made by the learned counsel on either side, the petitioner is directed to appear before the 2nd respondent for investigation purpose and the 2nd respondent is also directed to complete the investigation and file a final report within a period of four weeks from the date of receipt of a copy of this order.

6. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To

1. The Commissioner of Police, Office of the Commissioner of POlice, Vepery, Chennai 600 007.

2. The Inspector of Police, Central Crime Branch, Team-II, Vepery, Chennai 600 007

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

Crl.O.P.No.6143 of 2020 CP(CO) RMP(02/09/2020) https://hcservices.ecourts.gov.in/hcservices/