Madras High CourtCRL OP/24396/2015dismissed

Mr.P.Thiaga Kumar v. The Commissioner Of Police

2015-10-07Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.24396 of 2015 P.THIAGA KUMAR ... Petitioner Vs 1.THE COMMISSIONER OF POLICE, O/O.COMMISSIONER OF POLICE, COIMBATORE CITY, COIMBATORE-641 018.

2.THE SUPERINTENDENT OF POLICE, O/O.THE SUPERINTENDENT OF POLICE, ANGERIPALAYAM ROAD, TIRUPUR-602.

3.THE INSPECTOR OF POLICE (LAW&ORDER), B-14 KUNIAMUTHUR POLICE STATION, 4.THE INSPECTOR OF POLICE (CRIME), B-14 KUNIAMUTHUR POLICE STATION, 5.THE INSPECTOR OF POLICE, PALLADAM POLICE STATION, PALLADAM, TIRUPUR DISTRICT.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents 1 and 2 to accord sanction for prosecution of the respondents 3 to 5 namely Mr.Elango, Inspector of Police (L & O), B-14 Kuniamuthur Police Station, Coimbatore, Mr.Chandraseelan, Inspector of Police (Crime), B-14 Kuniamuthur Police Station, Coimbatore, Mr.Subramaniam, Inspector of Police, Palladam Police Station, Palladam for the offenses punishable under section 167, 406, 418, 420 and 424 of Indian Penal Code.

For Petitioner : Mr.B.Vijayakumar For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondents 1 and 2 to accord sanction for prosecution of the respondents 3 to 5 herein.

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

3. It is seen that, this petitioner has lodged a complaint dated 26.06.2015 against one Jayakumar who is alleged to have sold the petitioner's car Toyoto Corolla and he had promised to give him in return an Innova Car, which is found to have met with an accident and therefore, the petitioner did not want to take the Innova Car. Now, it is alleged by the petitioner that the said Jayakumar had cheated him.

4. In this regard, the petitioner is now seeking sanction from the Commissioner of Police to prosecute the police officers who conducted enquiry on the complaint of the petitioner. It is also seen that this petitioner has filed a suit in OS.No.1795 of 2015 against Jayakumar and Saraswathy who is the owner of Innova Car.

5. Under such circumstances, the prayer of the petitioner, for a direction to the Commissioner of Police to accord sanction to prosecute the police officers is devoid of merits and this petition stands dismissed.

gya -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.THE COMMISSIONER OF POLICE, COIMBATORE CITY, COIMBATORE-641 018.

2.THE SUPERINTENDENT OF POLICE, ANGERIPALAYAM ROAD, TIRUPUR-602.

3.THE INSPECTOR OF POLICE (LAW&ORDER), B-14 KUNIAMUTHUR POLICE STATION,

4.THE INSPECTOR OF POLICE (CRIME), B- 14 KUNIAMUTHUR POLICE STATION, 5.THE INSPECTOR OF POLICE, PALLADAM POLICE STATION, PALLADAM, TIRUPUR DISTRICT.

6.THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+ 1 cc to Mr.B.Vijayakumar, Advocate SR 54689 vd(co) prk16/10 CRL.OP.No.24396 of 2015