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Madras High CourtCRL OP/16557/2015disposed of

Dr.M.A.M.Ramasamy v. The Inspector Of Police

2015-08-17Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.16557 of 2015 Dr.M.A.M.Ramasamy .. Petitioner/ Defecto Complainant Vs 1.State By:

Inspector of Police, E-5 Foreshore Estate Police Station, Chennai - 600 028.

2.State By:

Assistant Commissioner of Police, Mylapore Range, Chennai.

3.State By:

Deputy Commissioner of Police, Mylapore Range, Chennai.

.. Respondents/ Complainants Criminal Original Petition filed under Section 482 Cr.P.C., praying to issue direction, direct the 2nd and 3rd respondents not to interfere in the investigation and direct the 1st respondent to file the final report in Crime No.1697 of 2015 dated 08.06.2015 pending on the file of the Inspector of Police, E-5, Foreshore Estate Police Station, Chennai - 600 028.

For Petitioner : Mr.K.R.Ramesh Kumar For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying for a direction to the 2nd and 3rd respondents not to interfere in the investigation and direct the 1st respondent to file the final report in Crime No.1697 of 2015 dated 08.06.2015 pending on the file of the Inspector of Police, E-5, Foreshore Estate Police Station, Chennai - 600 028.

2. The respondent police have filed counter affidavit, wherein Paragraph Nos.3 and 6, it is stated as follows:

"3. As regard the allegations in para No.9, it is submitted that the earlier incident which is the subject matter of CSR.No.325 of 2015 was mentioned in the subsequent complaint for which CSR No.326 of 2015 was issued. Hence, the 1st respondent registered FIR based on the complaint in CSR No.326 of 2015 and right from the date of registration of FIR the investigation is being conducted in a fair and impartial manner without any undue interference by higher officers.

4. ...

5. ...

6. It is further submitted that the averments made in Para Nos.12, 13 & 14 are denied as false and originally complaints were lodged on 23.05.2015 and after completion of preliminary Enquiry, the 1st respondent registered FIR on 08.06.2015 and as stated above, till date six witnesses have been examined. After the completion of the investigation, final Report will be filed before the Court concerned within a reasonable time."

3. In view of the above, the 1st respondent is directed to expeditiously conduct the investigation in Crime No.1697 of 2015 in a free and fair manner and file final report before the concerned Court as undertaken by him in his counter.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vsm To 1.The Inspector of Police, E-5 Foreshore Estate Police Station, Chennai - 600 028.

2.The Assistant Commissioner of Police, Mylapore Range, Chennai.

3.The Deputy Commissioner of Police, Mylapore Range, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.R.Rameshkumar, Advocate, sr.43305 +1 cc to The Public Prosecutor, sr.43550 CRL.OP.No.16557 of 2015 bvr(co) kra(1/9)