Madras High CourtCRL OP/19897/2016closed

Mr.P.Viswanath v. The Commissioner Of Police

2016-09-01Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19897 of 2016 P.Viswanath ..

Petitioner Vs 1.The Commissioner of Police, Vepery, Chennai - 600 007.

2. Inspector of Police, Madipakkam Police Station, Chennai.

3.Inspector of Police, Anti Land Grabbing Special Cell - II, Central Crime Branch - II, Vepery, Chennai - 600 007.

Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the complaint dated 27.08.2015 on the file of the 2nd respondent to the 3rd respondent police and to register F.I.R. based on the petitioner complaint.

For Petitioner :Mr.M.Vivekanandan For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to transfer the complaint dated 27.08.2015 on the file of the 2nd respondent to the 3rd respondent police and to register an F.I.R. based on the petitioner's complaint.

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

3. It is seen that Viswanath, represented by his Power Agent Shobana Ajai, lodged a complaint dated 08.07.2011 to the Commissioner of Police, Chennai - Suburban, St.thomas Mount, Chennai, which was forwarded to the Inspector of Police, Madipakkam Police Station, Chennai and since the police did not register an FIR, he filed Crl.O.P.No.17434 of 2011 for a direction to the Inspector of Police, Madipakkam Police Station, Chennai, to register an FIR.

4. On 28.10.2011, in Crl.OP.No.17434 of 2011, this Court passed the following order;

"3. Recording the said submission made by the learned Government Advocate (Criminal side), the Criminal Original Petition is closed. However, the petitioner is at liberty to furnish a fresh copy of the complaint dated 08.7.2011 along with relevant documents including the alleged forged documents to the respondents. M.P.No.1 of 2011 is closed as unnecessary."

5. Thereafter, Shobana Ajai gave a fresh copy of the

complaint dated 08.07.2011 to the Commissioner of Police, Greater Chennai, along with the copy of the order dated 28.10.2011 passed by this Court in Crl.O.P.No.17434 of 2011. After the Commissioner of Police, Greater Chennai, was merged with Chennai City, enquiry was conducted by the Inspector of Police, Central Crime Branch - II, Anti Land Grabbing Special Cell, Vepery, Chennai - 7, on the complaint given by Sobana Ajai and the same has been closed on the ground that in Crl.OP.No.17434 of 2011, this Court has directed that the complaint should be given to the Inspector of Police, Madipakkam Police Station. Be that as it may.

6. Under such circumstances, Viswanath is directed to go and lodge a fresh complaint in person with a copy of this order to the Deputy Commissioner of Police, Central Crime Branch, Chennai and on such a complaint being given, the same shall be allotted to the concerned team for enquiry and action be taken in accordance with law.

With the above direction, the criminal original petition is closed.

sms 01.09.2016 P.N.PRAKASH,J.

sms To 1.The Commissioner of Police, Vepery, Chennai - 600 007.

2. Inspector of Police, Madipakkam Police Station, Chennai.

3.Inspector of Police, Anti Land Grabbing Special Cell - II, Central Crime Branch - II, Vepery, Chennai - 600 007.

4. The Public Prosecutor, High Court, Madras.

5. The Deputy Commissioner of Police, Central Crime Branch, Chennai.

Crl.OP No.19897 of 2016 01.09.2016