The Parents Of Medicos v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26809 of 2015 The Parents of Medicos Relocated from DD Medical Colleges to Government Colleges, rep. by one of its Parent Mr.Muruganandam, No.14, Munusamy Street, PJP Homes, Saligramam, Chennai - 600 093 ... Petitioner Vs

1. The Inspector General of Police, North Zone, Alandur, Chennai.

2. The Deputy Superintendent of Police, District crime Branch, O/o the District Crime Branch Thiruvallur, Thiruvallur District.

3. The Inspector of Police, District Crime Branch, O/o the District Crime Branch, Thiruvallur, Thiruvallur District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 3rd respondent to file a charge sheet/final report in F.I.R.No.65 of 2013 on the file of 3rd respondent within a stipulated time as prescribed by this Court.

For Petitioner :Mr.G.Mohanraj For respondents :Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

The present petition has been filed to direct the 3rd respondent to file a charge sheet/final report in F.I.R.No.65 of 2013 on the file of 3rd respondent within a stipulated time as prescribed by this Court.

2. The petitioner, represents the parents of the Medical students who studied in the accused college viz., D.D.Medical College. Due to violation of the conditions, the Medical Council of India has cancelled the permission granted to the said college. Inspite of cancellation of permission, the accused collected fees for the 4th year students which comes around Rs.16,00,000/- from each student and in total a sum of Rs.5 crores was collected. All the parents have paid 3rd and 4th year fees and they have also paid fees in the concerned Government Colleges. Thus, they have paid double payment. Hence, the parents of 25 students lodged a complaint before the Inspector of Police, District Crime Branch, Tiruvallur and CSR was give but the F.I.R. Was not registered. The 1st respondent asked the petitioner to give a fresh complaint. Accordingly, a complaint dated 4.12.2013 has been lodged by the parents of the students. Based on the same, F.I.R. was registered in Crime No.65 of 2013. Though the complaint was registered, till date no action was taken. Hence, the present petition.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that in fact, pursuant to the registration of F.I.R., all the accused from the College were arrested and the certificates were collected from those accused and returned back to the students. Now, these petitioners are insisting to get back the fees paid by them which will not come under the purview of the police. Thus, he opposed this petition.

4. Considering the factual aspects of the case and since the F.I.R. is still pending with the 3rd respondent police, without going into the merits and demerits of the case, this Court directs the 3rd respondent police to conduct the investigation in Crime No.65 of 2013 and file the final report as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

5. The criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To

1. 1. The Inspector General of Police, North Zone, Alandur, Chennai.

2. The Deputy Superintendent of Police, District crime Branch, O/o the District Crime Branch Thiruvallur, Thiruvallur District.

3. The Inspector of Police, District Crime Branch, O/o the District Crime Branch, Thiruvallur, Thiruvallur District.

4.The Public Prosecutor, High Court, Madras.

+2cc to Mr.Mohanraj, Advocate Sr.63043 Crl.O.P.No.26809 of 2015 sv[co] srg 10/12/2015