Madras High CourtCRL OP/15376/2016closed

S.Vinoth v. The Commissioner Of Police

2016-07-25Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.15376 of 2016 S.Vinoth ..Petitioner Vs 1.The Commissioner of Police Greater Chennai City 132, Commissioner Office Buildings EVK Sampath Salai Vepery, Chennai 7.

2.The Inspector of Police B-4, Esplanade Police Station Parrys, Chennai.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register FIR based on the complaint lodged by the petitioner on 11.01.2016. For Petitioner :

S.Vinoth For Respondents : Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to register FIR based on the complaint lodged by the petitioner on 11.01.2016.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State and perused the records.

3. It is seen that in Crl.O.P.No.27169 of 2014, this Court passed the following order on 27.07.2015: "9. In view of the above, this petition is dismissed with cost of Rs.10,000/- payable by the petitioner to the Tamil Nadu Legal Services Authority. The Secretary, Bar Council of Tamil Nadu is directed to take disciplinary action against the counsel

on record Mr.S.Vinoth, Enrolment No.3386/2013 for the aforesaid violation making allegations referred to above in paragraph No.6 of the petition against Mr.S.Shanmuga Velayutham, Public Prosecutor.

The Registry is directed to send a copy of the petition along with this order to the Secretary, Bar Council of Tamil Nadu for appropriate action."

4. Pursuant to the order passed by this Court, the Secretary, Bar Council of Tamil Nadu, have initiated disciplinary action against the petitioner/Vinoth, Enrolment No.3386/2013 as directed by this Court and the petitioner has received notice from the Bar Council. It is the contention of the petitioner that he had not signed the vakalat for the petitioner in Crl.O.P.No.27169 of 2014 and that his signature in vakalatnama has been forged by one Madhan Kumar, Advocate. In this regard, the petitioner has lodged a complaint dated 11.01.2016 before the second respondent, based on which a petition enquiry is pending in CSR No.4 of 2016.

5. Taking into consideration the nature of the allegations, this Court directs the petitioner to go in person along with a copy of this order and lodge a fresh complaint before the Deputy Commissioner of Police, Central Crime Branch, Chennai and on such complaint being given, the same shall be assigned to a competent Inspector of Police for thorough enquiry and investigation.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police Greater Chennai City 132, Commissioner Office Buildings EVK Sampath Salai Vepery, Chennai 7.

2.The Inspector of Police B-4, Esplanade Police Station Parrys, Chennai.

3.The Deputy Commissioner of Police Central Crime Branch, Çhennai.

4.The Public Prosecutor, High Court, Madras.

Copy to:

1. The deputy Registrar (Criminal Section) High Court, Madras.

2. The Assistant Registrar (Criminal Section) High Court, Madras.

1 cc to Public Prosecutor, sr.42589 1 cc to Mr.S.Vinoth, Party in Person, sr.42064 Crl.OP No.15376 of 2016 nrjk co kra 17.08.2016