A. Rehmath Ali v. State By The Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27118 of 2015 A.Rehmath Ali ... Petitioner Vs

1. State by The Commissioner of Police, Egmore, Chennai - 600 008.

2.State by, The Inspector of Police, E.2 Royapettah Police Station, Royapettah, Chennai.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent to register the complaint dated 17.09.2014 and initiate suitable action against the offender.

For Petitioner : Mr.A.Natarajan, Senior Counsel for Ms.A.Madhumathi For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking direction to the second respondent to register the petitioner's complaint dated 17.09.2014 and initiate suitable action against the offender.

2. The petitioner herein is a retired Deputy Conservator of Forests and he has retired in the year 2001, June and residing at Zaib Apartment, F3-Flat, No.33, Balaji Nagar, 1st Street, Royapettah, Chennai - 600 040 along with his wife aged about 63 years, his daughter-in-law, who is a house wife and his grand son, who is studying in V Standard in Chettinad Vidyashram, School, R.A. Puram and his grand daughter, who is is studying I Standard in Gill Adarsh Matriculation School,

Royapettah, Chennai. The petitioner is maintaining land line telephone connection with BSNL for the past 11 years. On 15.09.2015, his wife received an anonymous call from mobile number 9941810484 to the petitioner's land line and he demanded Rs.four lakhs, stating that if the amount is not given, they would kidnap their grand children. Then the petitioner suddenly took the receiver from his wife, but he immediately disconnected the call. When the petitioner called the above said number and talked to the person, he informed that he is attending a marriage function at Haj Committee Marriage Hall in Vepery, Chennai and he further stated that some one in the marriage hall asked him to lend his phone, therefore, he gave his phone to the person, who spoke to his wife earlier.

Thereafter his elder daughter Mehtab Niyaz, who was in his house at that time called the number through her mobile number 99404 41703 and that person gave a hostile reply and used unparliamentary words. Immediately, the petitioner contacted the Cyber Crime Branch and as per the direction given by the Cyber Crime Branch Official, the petitioner lodged a complaint with the first respondent and they in turn forwarded the same to the second respondent for enquiry. On receipt of the same, the second respondent conducted enquiry. But till date no action has been taken by the second respondent. Hence, the present criminal original petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. In view of the submissions made on either side, this court directs the second respondent to forward the complaint along with the copy of this order to the Cyber Crime Branch and on receipt of the same, the Cyber Crime Branch is directed to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, they are directed to proceed further in accordance with law, as early as possible.

5. This criminal original petition is disposed of accordingly.

sd/ ASSISTANT REGISTRAR(CS-VII) /TRUE COPY/ SUB-ASSISTANT REGISTRAR vrc/vsm

To

1. The Commissioner of Police, Egmore, Chennai - 600 008.

2. The Inspector of Police, E.2 Royapettah Police Station, Royapettah, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Ms.A.Madhumathi Advocate. SR.NO. 62300 Crl.O.P.No.27118 of 2015 CO-JSV JD 20/11/2015