S. Ganga v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.Nos.28293, 28294 & 28328 of 2015 S.Ganga ... Petitioner in Crl.O.P.No.

28293 of 2015 G.Kumaresan ... Petitioner in Crl.O.P.No.

28294 of 2015 V.Kalaichezhiyan ... Petitioner in Crl.O.P.No.

28328 of 2015 Vs

1. The Inspector of Police, EOW-II, Chennai.

2. R.V.Narmadha, Proprietor of M/s.India Track, No.100, Mullai Street, Brindavan Nagar, Koyambedu, Chennai - 600 092.

3. The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

... Respondents in all O.Ps.

These Criminal Original Petitions have been filed under Section 482 Cr.P.C. to direct the first respondent to investigate into complaints in Crime No.88 of 2015 and to file a Final Report now pending on the file of EOW II and subsequently direct them to furnish the assets belonging to the second respondent within a time frame fixed by this Court. For Petitioner :

Mr.M.Aravind Subramaniam in all OPs For respondent :

Mr.C.Emalias, Additional Public Prosecutor - R1 and R3 in all OPs

C O M M O N O R D E R These criminal original petitions have been filed seeking a direction to the first respondent to investigate into the complaints in Crime No.88 of 2015 and to file a Final Report now pending on the file of the first respondent.

2. The first respondent has registered a case in Crime No.88 of 2015 as against one R.V.Narmadha for the alleged offences under sections 406, 420 r/w.34 of IPC on basis of the complaint lodged by T.Venkatakrishnan, S/o.V.Dhanappan. The second respondent, who is the proprietor of India Track Call Taxi, was offering a scheme for hiring Mxi Cab Car. The second respondent promoted the scheme through SMS to various people. The petitioners having been lured by the promises of the second respondent, deposited huge sum running to several crores. After collecting the amount, the second respondent misappropriated the money received by the petitioners to his personal gain and cheated the petitioners. Hence, the petitioners also lodged complaint against the second respondent. Now, the petitioners have come forward with the present petitions to direct the first respondent o complete the investigation and file final report.

3. I have heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents.

4. The learned Additional Public Prosecutor has submitted that as on date there are 130 victims and they are expecting some more complaints and therefore, it would take some time to complete the investigation and file final report.

5. In view of the submissions made by the petitioners as well as the Additional Public Prosecutor, this Court directs the first respondent to investigate the case in Crime No.88 of 2015 pending on his file and file a final report as expeditiously as possible.

6. The Criminal Original Petitions are ordered accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar

To

1. The Inspector of Police, EOW-II, Chennai.

2. The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

3. The Public Prosecutor, High Court, Madras.

+3cc to Mr.M.Aravind Subramaniam, Advocate Sr.66453,66454,66455 [11/12/2015] Crl.O.P.Nos.28293, 28294 & 28328 of 2015 aa30/11/2015