C.R.Tamilavanan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.5920 of 2014 and M.P.No.1 of 2014 & Crl.M.P.No.16158 of 2019 C.R.Tamilvanan ... Petitioner Vs.

1.The Inspector of Police, Ashok Nagar Police Station, Chennai.

2.P.Ravichandran ... Respondents PRAYER: Petition filed under Section 482 of Cr.P.C., seeking to call for the entire records relating to the investigation of the case in Cr.No.64 of 2014 on the file of the Inspector of Police, Ashok Nagar Police Station, Madras and quash the same. For Petitioner : Mr.Shanmugam For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition has been filed seeking to call for the entire records relating to the investigation of the case in Cr.No.64 of 2014 on the file of the Inspector of Police, Ashok Nagar Police Station, Madras and quash the same.

2.The learned counsel appearing for the petitioner would submit that, it would suffice, if this Court permits the petitioner to furnish the particulars before the law enforcing agency to prove his innocence and issue direction to the law enforcing agency to complete the investigation within a time frame.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that in the earlier occasion the petitioner viz., C.R.Tamilvanan approached this court by filing a petition in Crl.O.P.No.2610 of 2014 for registering the complaint dated 09.01.2014 and proceed against P.Ravichandran, who is the complainant in Crl.O.P.No.5920 of 2014, so as to

recover the petitioner's money of Rs.6,10,000/- which was illegally and fraudulently collected from him. However, this court by order dated 13.02.2014 made in Crl.O.P.No.2610 of 2014 had issued the following direction:

"By way of an interim order, this court directs the respondent police to peruse the complaint preferred by the petitioner herein and register cases if the same informs commission of cognizable offence. In particular instances, the respondent police may resort to a petition enquiry which again shall not extend beyond a period of one week. This order is made towards effecting and ensuring compliance with the decision of the Apex Court in Lalita Kumari Vs. Govt. of U.P and others [2013(4)Crimes 243 (SC)] "

4. The said order was not complied with till date. He would further submit that the present Station House Officer is ready to comply with the order of this court in Crl.O.P.No.2610 of 2014 dated 13.02.2014. He would also concede to the request made by the learned counsel appearing for the petitioner and on instructions, he would further submit that the investigation will be completed within the time frame fixed by this Court. 5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the case, is inclined to issue direction to the law enforcing agency to complete the investigation in Crime No.64 of 2014, after giving opportunity to the petitioner and also to comply with the directions issued in Crl.O.P.No.2610 of 2014 dated 13.02.2014, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the law enforcing agency for early completion of the investigation.

6.This criminal original petition is disposed of. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar dsa

To 1.The Inspector of Police, Ashok Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.No.5920 of 2014 and M.P.No.1 of 2014 & Crl.M.P.No.16158 of 2019 PP(CO) CSR: 29/01/2020