M.Manogaran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29772 of 2015 M.Manogaran ... Petitioner Vs 1.The Commissioner of Police, City Police Station, Salem.

2.The Inspector of Police, Central Crime Branch, Salem City, Salem.

3.The Inspector of Police, Economic Offence Wing-II, Salem District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 2nd respondent herein to register a case on the basis of the petitioner's complaint dated 18.11.2015 and proceed with investigation in accordance with law.

For Petitioner : Mr.R.Marudhachalamurthy 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 2nd respondent herein to register a case on the basis of the petitioner's complaint dated 18.11.2015 and proceed further in accordance with law.

2. The petitioner herein lodged a complaint as against one "Challenge Assets India Pvt. Ltd.", represented by one Tamilselvan saying that they have collected amount from various persons as deposit in the scheme of providing land to the depositors. But, he has neither given land nor returned the amount. Hence, the petitioner has given a complaint to the 2nd respondent on 18.11.2015. But the said complaint has not been registered so far. 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 respondents.

4. The learned Additional Public Prosecutor submitted that the petitioner has given complaint to the second respondent. But the competent authority is only the third respondent. Therefore, if the petitioner gives a fresh complaint to the 3rd respondent, necessary action will be taken.

5. In view of the submissions made on either side, this Court directs the petitioner to give a fresh complaint along with the copy of this order before the third respondent within a period of two weeks from the date of receipt of a copy of this order, and on receipt of the same, the 3rd respondent is directed to conduct enquiry and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the 3rd respondent is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly. vsm Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Commissioner of Police, City Police Station, Salem.

2.The Inspector of Police, Central Crime Branch, Salem City, Salem.

3.The Inspector of Police, Economic Offence Wing-II, Salem District.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.R.Marudhachalamurthy, Advocate Sr.1914 CO-MG ths : 25.01.2016 Crl.O.P.No.29772 of 2015