Venkitamma v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2015

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.22327 of 2015 Venkitamma ... Petitioner Vs.

1. The Superintendent of Police, Office of Superintendent of Police, Krishnagiri.

2. The Deputy Superintendent of Police, Special Anti Land Grabbing Cell, Krishnagiri.

3. The Inspector of Police, Special Anti Land Grabbing Cell, Krishnagiri.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to register a complaint dated 19.03.2015 pending on the file of the third respondent.

For Petitioner :

Mr.N.Siva For Respondents :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying to register a complaint dated 19.03.2015 pending on the file of the third respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. It is seen that this petitioner had lodged a complaint dated 19.03.2015 to the respondent Police. The respondent Police conducted enquiry and they have sought for legal opinion from the Assistant Director, Directorate of Prosecution. It appears that the Assistant Director, Directorate of Prosecution has opined in favour of this petitioner and strangely, the petitioner is able to file a copy of the signed opinion in the typed set of papers. https://hcservices.ecourts.gov.in/hcservices/

4. It is indeed surprising, as to how this document got leaked from the case diary. Unless there has been some corrupt method, this document would not have come into the hands of the petitioner. Therefore, the Superintendent of Police is directed to conduct enquiry, as to how the legal opinion dated 19.08.2015 given by the Assistant Director of Prosecution came into the hands of the petitioner. Action may be taken against the erring officials for colluding with the petitioner for obtaining this copy.

5. Irrespective of the enquiry for leakage of the opinion, the respondent Police may proceed with the investigation on the complaint that has been given by the petitioner.

6. With the above direction, this Criminal Original Petition is closed.

ds s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To:

1. The Superintendent of Police, Office of Superintendent of Police, Krishnagiri.

2. The Deputy Superintendent of Police, Special Anti Land Grabbing Cell, Krishnagiri.

3. The Inspector of Police, Special Anti Land Grabbing Cell, Krishnagiri.

4. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.Franklin Advocate SR 48482 mg(co) prk29/9 Crl.O.P.No.22327 of 2015 https://hcservices.ecourts.gov.in/hcservices/