Madras High CourtCRL OP/32425/2014closed

J.Johnson v. The Superintendent Of Police

2015-04-20Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2015

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.No.32425 of 2014

1. J.JOHNSON

2. R.SURESHRAJA

3. A.ALBONSE .. Petitioners Vs 1 THE SUPERINTENDENT OF POLICE COIMBATORE DISTRICT COIMBATORE.

2 THE STATE OF TAMIL NADU REP.BY ITS SUPERINTENDENT OF POLICE ECONOMIC OFFENCE (WINGS), COIMBATORE (R2 impleaded as per order of this Court dated 07.04.2015 made in MP.1/15 in WP.32425/14) .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register the petitioner complaint dated 12.05.2014 investigation into the same and file a final report to the competent court within a time frame.

For Petitioners : Mr.R.Veeramani For Respondents : Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the respondent police to direct the respondent to register the petitioners complaint dated 12.05.2014, the petitioners have come up with this petition.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent police.

3.It appears that three persons have joined together and sent a complaint through registered post to the District Collector with a copy of to the Superintendent of Police, Chief Minister, Commissioner of Police and Police Inspector, Economic Offences Wing. https://hcservices.ecourts.gov.in/hcservices/

4.Learned Additional Public Prosecutor submits that the allegations made by the petitioners will not come within the jurisdiction of Economic Offences Wing and the same has tobe investigated only by the concerned District Crime Branch, Coimbtore.

5. In view of the same, this petition is closed and liberty is given to the petitioners to give individual complaint to the Inspector of Police, District Crime Branch, Coimbatore, who shall act in accordance with the law laid down by the Honourable Apex Court in Lalita Kumari vs. Govt. of U.P. & others [2013 (4) Crimes 243 (SC)]. It is further represented that the proposed accused in this case is a retired policeman and therefore, the respondent police is directed to conduct enquiry without being influenced by the fact that the proposed accused is a retired policeman.

6. This Criminal Original Petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed.

smi s/d- Assistant Registrar( V ) True Copy Sub-Assistant Registrar To 1 THE SUPERINTENDENT OF POLICE COIMBATORE DISTRICT COIMBATORE.

2 THE SUPERINTENDENT OF POLICE ECONOMIC OFFENCE (WINGS), COIMBATORE

3. THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+ 1 cc to Mr.R.Veeramani, Advocate SR 21376 vd(co) prk14/5 Crl.OP No.32425 of 2014 https://hcservices.ecourts.gov.in/hcservices/