V.Nehru v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9929 of 2015 V.Nehru

...Petitioner

Vs

1. The Inspector of Police Crime Branch C.I.D Krishnagiri Unit Krishnagiri

2. The Superintendent of Police Crime Branch C.I.D C.B.C.I.D Headquarters Chennai

3. The Director General of Police Crime Branch C.I.D Chennai

...Respondents

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct further investigation to be carried out by the Superintendent of Police, Crime Branch C.I.D, Chennai in the case registered in Crime No.1 of 2013 on the file of the Inspector of Police, C.B.C.I.D, Krishnagiri.

For Petitioner : Mr.S.Jayakumar For Respondents : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This petition is filed seeking for a direction for further investigation to be carried out by the Superintendent of Police, Crime Branch C.I.D, Chennai in the case registered in Crime No.1 of 2013 on the file of the Inspector of Police, C.B.C.I.D, Krishnagiri.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3. It is seen that CBCID have completed the investigation and file a closure report on 28.11.2014 and the copy of the closure report has already been sent to the petitioner/defacto complainant. At this juncture, the defacto complainant approached this Court with a prayer for further investigation on the supervision of the Superior Officer.

4. Under such circumstances, no positive direction could be given as prayed for by the petitioner. Hence, this petition is closed and this Court directs the petitioner to approach the Judicial Magistrate I, Krishnagiri whether final report has been filed and if so, the petitioner is directed to file a protest petition challenging the investigation done by the police. Thereafter, the learned Judicial Magistrate I, Krishnagiri is directed to pass appropriate orders on the protest application following the judgment of the Honourable Supreme Court in Vinay Tyagi Vs. Irshad Ali (2013) 5 SCC 762.

Sd/- Assistant Registrar(R) //True Copy// Sub Assistant Registrar vsm To

1. The Inspector of Police Crime Branch C.I.D Krishnagiri Unit Krishnagiri

2. The Superintendent of Police Crime Branch C.I.D C.B.C.I.D Headquarters Chennai

3. The Director General of Police Crime Branch C.I.D Chennai

4. The Judicial Magistrate No.I, Krishnagiri.

5. The Public Prosecutor, High Court, Madras.

1 CC to Mr.S.Jayakumar, Advocate SR.No. 21551 Crl.OP No.9929 of 2015 RJ (CO) PSI (14.05.2015)