M/S.Adroit Urban Developers v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.28154 of 2015 M/s. Adroit Urban Developers Pvt Ltd Rep by its General Manager Mr. Ramnath Nambi, aged about 58 yrs, S/o.R.Nambi Iyer, No.1, Bhemanna Garden Street, Alwarpet, Chennai - 600 018 ... Petitioner Vs.

State rep. by Inspector of Police, E-9, Police Station, Thalambur, Kancheepuram District.

(Crime NO.386/2015) ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to alter the value of lost material in FIR as per the invoices furnished by the petitioner as Rs.7,70,432/- and take appropriate action in accordance with law.

For Petitioner : Mrs.S.Mekhala For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the respondent police to alter the value of lost material in FIR as per the invoices furnished by the petitioner as Rs.7,70,432/-. 2.

In the petition, it is stated that the petitioner is a construction company, constructing a residential complex namely "DISTRICT S"", consisting of 394 apartments at Thiruporur

Navalur Road, Thazhambur. They are having a store room at the said site to store the building materials, electrical wires, etc., for the purpose of construction. While so, on 11.10.2015, when the employee of the petitioner found that the door was broken and materials were scattered and it was further found that most of the material stores were stolen after covering the CCTV camera with the cardboard box. Hence, the Project Manager of the petitioner company lodged a complaint on 11.10.2015. The total value was given as Rs.8,16,197/-, but, the value of the stolen goods were shown in the First Information Report only as Rs.2,95,000/-. Hence, he has come forward with the present petition to alter the value mentioned in the First Information Report in Crime No.386 of 2015 in accordance with the invoices furnished by the petitioner as Rs.7,70,432/-.

3. I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor.

4. The learned Additional Public Prosecutor submitted that they have assessed the loss of value of the materials only as Rs.2,95,000/-. If invoice is given by the petitioner in respect of stolen articles, they will consider the request of the petitioner.

5.

In view of the submission made by the learned Additional Public Prosecutor, this Court directs the petitioner to give invoice in respect of the stolen articles along with a copy of the order, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the respondent is directed to enquire the matter and pass an appropriate order.

6.

With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar srn/mrp

To

1. Inspector of Police, E-9, Police Station, Thalambur, Kancheepuram District.

2. The Public Prosecutor High Court, Madras.

+1cc to Mrs.S.Mekhala, Advocate, S.R.No.63544 Crl.O.P.No.28154 of 2015 RSK(CO) CA(09/12/2015)