Senthil Kumar Raja v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6647 of 2019 Senthil Kumar Raja ... Petitioner Vs.

1. The State Rep By, The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2. The Deputy Superintendent of Police, Ambattur Police District, Ambattur, Chennai.

3. The Inspector of Police, Poonamallee Police Station, Chennai. Cr.No.469 of 2019.

... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the 1st respondent herein to withdraw the case in Cr.No.469 of 2018 on the file of the 3rd respondent and transfer the same to any Inspector of Police under him to conduct further investigation and lay final report. For Petitioner :

Mr.T.Muruganantham For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to withdraw the case in Cr.No.469 of 2018 on the file of the 3rd respondent and transfer the same to any Inspector of Police under him to conduct further investigation and lay final report. 2.The learned counsel for the petitioner submitted that the petitioner believing the words of one Durairaj and Baranidharan, who are the brother-in-laws of the petitioner, gave a sum of Rs.20,00,000/- (Rupees twenty lakhs) to purchase land, which belongs to one Sampath. But, the said Sampath did not execute the sale deed in his favour.

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3.He further submitted that the petitioner gave a complaint on 08.03.2018 to the 3rd respondent herein against all the three persons, but the 3rd respondent did not register any case. Hence, the petitioner filed Crl.O.P.No.8854 of 2018 before this Court and this Court by order dated 21.03.2018, directed the 3rd respondent to register the complaint of the petitioner. Thereafter, the 3rd respondent registered a case in Cr.No.469 of 2018 for the offence under Section 406 and 420 of IPC against the accused persons. Even, thereafter, the 3rd respondent did not take any steps to complete the investigation in Cr.No.469 of 2018.

4.Considering the facts and circumstance of the case, the 2nd respondent is directed to monitor the investigation in Crime No.469 of 2018 and the 3rd respondent is directed to complete the investigation and file a final report within a period of three months from the date of the receipt of a copy of this Order. With the above direction, this Crl.O.P is disposed of. Sd/- Deputy Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar vv2 To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2. The Deputy Superintendent of Police, Ambattur Police District, Ambattur, Chennai.

3. The Inspector of Police, Poonamallee Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Muruganantham, Advocate, S.R.No.36095 CRL.O.P.No.6647 of 2019 GJ(CO) CS/08/07/2019 https://hcservices.ecourts.gov.in/hcservices/