Madras High CourtCRL OP/24954/2015closed

K.G.Narasimman v. The State Rep. By

2015-11-30Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.24954 of 2015 K.G.Narasimman ... Petitioner versus The State rep.by The Inspector of Police, (Law and Order), T-14, Mangadu Police Station, Chennai 600 122.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the complaint in C.S.R.No.1125 of 2015 dated 06.08.2015 on the file of the respondent to any other investigation Agency not below the rank of Deputy Superintendent of Police with a direction to investigate the said complaint afresh.

For Petitioners : Mr.R.Prabakar For Respondents : Mr.C.Emalias Additional Public Prosecutor ----

O R D E R

The present criminal original petition has been filed praying to transfer the complaint in C.S.R.No.1125 of 2015 dated 06.08.2015 on the file of the respondent police to any other investigation Agency not below the rank of the Deputy Superintendent of Police with a direction to investigate the said complaint afresh.

2.The case of the petitioner is that the petitioner and his wife kidnapped by one Desappan along with 30 unknown persons and they trespassed into the petitioner's house in an auto, assaulted the petitioner's wife, damaged the entire household articles and taken away ATM card along with cash of Rs.32,000/- and also professional records including his son education certificates, LCD TV, Laptop, UPS and inventor. Hence, a complaint has been lodged before the respondent police on 06.08.2015 and on receipt of the same, C.S.R.No.1125 of 2015 has been assigned. Again, the petitioner filed Crl.O.P.No.21875 of https://hcservices.ecourts.gov.in/hcservices/

2015 to register a case and this Court directed the respondent to register the case. As per direction of this Court, the respondent police, without conducting any enquiry, closed the complaint as mistake of fact. Hence, the present criminal original petition has been filed.

3.Today, when the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that enquiry has been conducted, based on the complaint given by the petitioner dated 06.08.2015 and a case has been registered in Crime No.1388 of 2015 under Sections 420, 406, 120(b) of IPC. Further, the respondent police conducted the investigation and closed the matter on 14.08.2015. In this regard, the learned Additional Public Prosecutor has also produced a copy of the closure report for perusal of this Court.

4.Recording the submissions so made by the learned Additional Public Prosecutor, nothing survives in this criminal original petition Hence, the present criminal original petition is closed.

ari -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, (Law and Order), T-14, Mangadu Police Station, Chennai 600 122.

2.The Public Prosecutor, High Court, Madras.

ctk(co) prk7/1 Crl.O.P.No.24954 of 2015 https://hcservices.ecourts.gov.in/hcservices/