R.Fredrick Rajan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.23780 of 2015 R.Fredrick Rajan ... Petitioner Vs State rep by Inspector of Police, District Crime Branch, Nagapattinam, Nagapattinam Branch.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records from the respondent pertaining to the Crime No.8 of 2013 on the file of D.C.B., Nagapattinam and direct the respondent to complete the investigation and file the final report before the learned Magistrate of Nagapattinam forthwith.

For Petitioner : Mr.Y.Arul Manickam For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent to file final report in Crime No.8 of 2013.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondent and perused the materials placed on record.

3. It is seen that this petitioner is A1 in Crime No.8 of 2013 and the case relates to online trading. The respondent police have filed counter, wherein, in paragraph No.7 and 8, it is stated as follows:

"7. It is submitted that at this stage, the petitioner/accused [A1] filed this present petition seeking direction to call for records in Crime No.8 of 2013 on the file of the respondent police and direct the respondent to complete the investigation and file final report before the competent court.

It is pertinent to note that from the date of registration of this case, A2 and A4 are still absconding and the respondent police is taking their sincere efforts to secure the A2 and A4.

8. It is submitted that the respondent police had registered a case against the accused persons and conducted the investigation in a fair, free and impartial manner in accordance with law. All the mandatory provisions have been complied by the respondent police during the course of the investigation. The respondent police registered the case, investigated the case and the case is pending to secure Rajan [A2], who is the father of A1 and Domnic Rajan [A4], who is the brother of A1 and also to receive the hand writing expert opinion for comparison of A1 with the cheque, as soon as I have completed the investigation, I will lay charge sheet against the accused persons before the competent court in accordance with law."

4. Learned counsel for the petitioner submits that the money that was received by the petitioner was given to M/s.Maxpro Pvt. Ltd. and M/s.Almighty Capital Investment Consultants.

5. The respondent police is directed to enquire into these aspects also. It is also seen that the petitioner's mother, who was shown as A3 had died in Sub Jail. According to the petitioner, Domnic Rajan [A4], who is the brother of the petitioner has nothing to do with the business, as he has been living separately in Bangalore. The police may also look into this aspect and if it is found, that there are no implicating materials against other accused, the final report can be filed against those against whom there are credible materials. The respondent police is directed to expeditiously conduct the investigation and file the final report, before the jurisdiction Court without delay.

With the above direction, this petition is closed. sd/ ASSISTANT REGISTRAR(CO) /TRUE COPY/ SUB-ASSISTANT REGISTRAR gya To 1.The Inspector of Police,

District Crime Branch, Nagapattinam, Nagapattinam Branch.

2.The Public Prosecutor, High Court, Madras.

+2cc to Mr.Y.Arulmanickam, Advocate sr.58554[09/12/2015] CRL.OP.No.23780 of 2015 CO-RSI JD 04/11/2015