Abdul Rahaman v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Abdul Rahaman
...Petitioner
Vs.
1.The Commissioner of Police, Greater Chennai, E.V.K's Sampath Salai, Vepery, Chennai - 600 007.
2.The Deputy Commissioner of Police, O/o. Deputy Commissioner of Police, Kutchery Road, Mylapore, Chennai - 600 004.
3.The Assistant Commissioner of Police, O/o. Assistant Commissioner of Police, Kutchery Road, Mylapore, Chennai - 600 004.
4.The Inspector of Police, E-1, Mylapore Police Station, Chennai.
(Cr.No.176 of 2022)
...Respondents
Prayer : Criminal Original Petition has been filed under Section 482 of
Cr.P.C, to direct the 1st respondent transfer the case in connection to F.I.R. in Crime No.176 of 2022 dated 19.04.2022 on the file of the 4th respondent Police to some other fair and effective investigation officer within a time frame as fixed by this Court.
For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.S.Santhosh Government Advocate (crl.side)
ORDER
This Criminal Original Petition has been filed to direct the 1st respondent to transfer the case in connection to F.I.R. in Crime No.176 of 2022 dated 19.04.2022 on the file of the 4th respondent Police to some other Police for fair and effective investigation officer within a time frame as fixed by this Court.
2.The learned counsel for the petitioner submitted that petitioner and one Manjula were the Directors of E.C.S. Engineering Private Limited. There was some difference of opinion between them in connection with the business. On 20.02.2021, at about 2.00 P.M. Manjula along with twenty henchmen came to petitioner's house and made a death threat and used abusive words. Though the First Information Report was registered in
Cr.No.176 of 2022 for the offences under Section 147, 148, 294 (b) and 506 (2) I.P.C. investigation has not been completed till now. Earlier, this Court passed an order in Crl.O.P.No.8694 of 2022 for completion of the investigation as early as possible. Even thereafter, the investigation is not completed. Therefore, this petition.
3.The learned counsel for the petitioner also produced photographs showing Manjula with her henchmen coming to his house. He also produced photographs of the persons brought by accused Manjula. One news item also produced for showing that Manjula used lewd messages and later blackmailed them demanding money.
4.The learned Government Advocate (Criminal side) submitted that there is a counter case registered on the basis of the complaint given by Manjula in Cr.No.177 of 2022 registered for the offence under Section 294 (b) and 506 (ii) I.P.C.
5.This Court finds from the material produced, especially
photographs, there is a reason to beleive that accused Manjula had really indulged in the offences alleged in the First Information Report. Therefore, this Court directs the fourth respondent to properly investigate this case and file final report within a period of four weeks from the date of receipt of copy of this order. This Court also directs the Deputy Commissioner of Police, Mylapore, to monitor the investigation and approve the final report before it is submitted before the concerned Court. 6.With the above direction and observation, this Criminal Original Petition is disposed.
18.04.2023 Index: Yes/No Speaking/Non speaking order ep
To:- 1.The Commissioner of Police, Greater Chennai, E.V.K's Sampath Salai, Vepery, Chennai - 600 007.
2.The Deputy Commissioner of Police, O/o. Deputy Commissioner of Police, Kutchery Road, Mylapore, Chennai - 600 004.
3.The Assistant Commissioner of Police, O/o. Assistant Commissioner of Police, Kutchery Road, Mylapore, Chennai - 600 004.
4.The Inspector of Police, E-1, Mylapore Police Station, Chennai.
5.The Public Prosecutor High Court of Madras.
G.CHANDRASEKHARAN, J.
ep
18.04.2023