Ayesha Beevi v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13898 of 2020 1.Ayesha Beevi W/o.Meera Mydeen 2.Raizan Parveen D/o.Meera Mydeen 3.Meezana D/o.Meera Mydeen 4.Shaadoona D/o.Meera Mydeen All residing at No.3/14, Quite Millath Street Perungulam Village, Perungulam Post Ramanathapuram Taluk Ramanathapuram District Tamil Nadu Now presently residing at No.103.11, Halman Damai Lingtang Kampung Rawa Satn.10150 Pulan Pinag, Malaysia All Represented by power agent 5.S.A.Mohamed Ismail S/o.Late Haji S.Amanullah Door No.1/40, North Street Perungulam Village, Perungulam Post Ramanathapuram Taluk Ramanathapuram District Tamil Nadu-623 536.
(By vide Doc.No.76/2019 Velipattinam SRO Ramanathapuram)
...Petitioners
Vs
1. The Commissioner of Police Greater Chennai, Chennai.
2. The Inspector of Police J8, Neelangarai Police Station Chennai-600 041.
...Respondents
Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent police to register the case based on the complaint dated 18.09.2019 against all the persons and to conduct the inquiry and investigate the same. For Petitioners :
Mr.A.Thiyagarajan, Senior Counsel For M/s.S.Ramesh Kumar For Respondents :
Mr.S.Karthikeyan Additional Public Prosecutor.
ORDER
This Criminal Original Petition has been filed seeking a direction, directing the second respondent police to register a case on the complaint dated 18.09.2019.
2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents.
3. The learned Senior Counsel appearing for the petitioners submitted that the fifth petitioner lodged a complaint before the first respondent, namely the Commissioner of Police. On receipt of the same, the said complaint was referred to the Inspector of Police, Land Grabbing Cell. Thereafter, the Inspector of Police, Land Grabnbing Cell, did not register any FIR on the complaint lodged by the fifth petitioner, though there are specific allegations to attract the offences as against the counter parties.
4. The learned Additional Public Prosecutor for the respondents submitted that the petitioners averred that a complaint was lodged before the Commissioner of Police and the same was forwarded to the file of the Inspector of Police, Land Grabbing Cell, Chennai. The petitioners have failed to implead the Inspector of Police, Land Grabbing Cell, Chennai as
respondent and instead of that, they impleaded the Inspector of Police, J-8 Neelangarai Police Station. Further, even till today, the second respondent did not receive any complaint from the petitioners as well as nothing forwarded by the first respondent to the file of the second respondent.
5. Considering the above submissions, if the crime is committed within the jurisdiction of the second respondent, the petitioners are at liberty to lodge a fresh complaint before the second respondent. On receipt of the same, the second respondent is directed to conduct enquiry on the complaint lodged by the petitioners, if any and pass orders in accordance with law.
6. With the above direction, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar uma To
1. The Commissioner of Police Greater Chennai, Chennai.
2. The Inspector of Police J8, Neelangarai Police Station Chennai-600 041.
3. The Public Prosecutor High Court, Madras.
+1cc to Mr.S.Ramesh Kumar, Advocate, SR.No.29181 of 2020 Crl.O.P.No.13898 of 2020 VGI(CO) RN(04/11/2020)