N.Kannan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.11214 of 2021 N.Kannan ... Petitioner Vs.

1.The Superintendent of Police, Kancheepuram District, 2.The Inspector of Police, Kelampakkam Police Station, (Crime No.146 of 2021) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to reinvestigate the matter in Crime No.146 of 2021 dated 08.04.2021 afresh and thereafter to file the final report. For Petitioner : Mr.K.Sahithya For Respondents: Mr.A.Damodaran Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to reinvestigate the matter in Crime No.146 of 2021 dated 08.04.2021 afresh and thereafter to file the final report.

2.The petitioner is the defacto complainant in Crime No.146 of 2021 had filed the above said Criminal Original Petition. 3.The contention of the petitioner is that a complaint has been lodged on 08.04.2021 and the case has been registered for the offence under Section 380 IPC against the unknown persons. 4.The gist of the case is that on 26.03.2021 at about 08.30 a.m. the petitioner had gone to Ooty along with his family for vacation and on 29.03.2021 at about 06.00 p.m. they had come

back from the trip, the petitioner and his wife had gone to office and on return from office, when the petitioner had opened the bureau, the locker in the bureau was broken and seven sovereigns of gold jewels and four grams of silver articles were found missing on 03.04.2021 at 08.00 a.m. Hence the complaint. Based on the complaint, the FIR came to be registered in Crime No.146 of 2021 on 08.04.2021. But no proper action has been taken. The petitioner in fact had doubt with regard to his tenants Rajesh and Mythili and he also given their names and contact numbers and other particulars.

5.The learned Government Advocate (Crl. Side) had filed the status report and submitted that in this case, the respondent police had gone to the scene of occurrence, prepared observation mahazar and drew rough sketch in the presence of the witnesses and also examined the defacto complainant and other five witnesses including the petitioner's wife, petitioner's son and another tenant viz., Kalidash and recorded their statements. 6.Recording the submission and the observation mahazar prepared, thereafter on 09.04.2021, the then Sub Inspector of Police examined one Vimal, Sangeetha and Dhanapalan and recorded their statements. On 15.04.2021, the Inspector of Police had given requisition letter to the Cyber Crime, Kancheepuram to get CDR report of the suspect person namely Mrs.Mythili and Rajesh, who was having four mobile numbers and the Special Team was formed and pursue the investigation seriously. He further submitted that within a stipulated period final report is to be filed.

7.Considering the submission and the undertaking given by the respondent police, this Court directs the respondent police to file the final report in this case, within a period of three months from the date of receipt of a copy of this order. 8.With the above directions, this Writ Petition stands disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ah To 1.The Superintendent of Police, Kancheepuram District,

2.The Inspector of Police, Kelampakkam Police Station, 3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.K.Sahithya, Advocate Sr.39309 Crl.O.P.No.11214 of 2021 pch[co] srg 23/08/2021