Mrs. Begum Pasha Bee, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.5554 of 2016 1.Mrs.Begum Pasha Bee 2.Mr.Syeda Shehzadi ..Petitioners Vs 1.The Superintendent of Police, Vellore Range, Sathuvachary, Vellore District.

2.The Inspector of Police, Land Grabbing Wing, Vellore, Vellore District.

3.The Inspector of Police, Office of the Inspector of Police, Katpadi Police Station, Katpadi, Vellore District.

4.The Tahsildar, O/o the Tahsildar, Vellore District, Vellore.

5.The Tahsildar, O/o the Tahsildar, Katpadi Taluk, Vellore.

6.The Sub-Registrar, Office of the Sub-Registrar, Katpadi Taluk, Vellore District.

7.K.V.Dillibaabu, Income Tax Officer, (Exemptions) - Ward-1, Annexe Building, 3rd Floor, No.121, M.G.Road, Chennai - 600 034.

8.TamilNadu Walkf Board, Represented by its Secretary, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

9.Thiruvalluvar University, Represented by its Registrar, Serkadu, Vellore - 632115.

10.Syed Osman Quadri, S/o.late Syed Ahmed Hussain, No.25/21. L.A.College, Hazirath Makan, Vellore - 632 004.

11.Mohammed Taher Quadri, S/o.Syed Osman Quadri, No.25/21. L.A.College, Hazirath Makan, Vellore - 632 004.

12.Mohammed Baqher Quadri, S/o.Syed Osman Quadri, No.25/21. L.A.College, Hazirath Makan, Vellore - 632 004.

[R-10 to R-12 are impleaded as per order dated 09.02.2017 by RMDJ in WMP.2332 of 2017 in W.P.No.5554 of 2016] ..Respondents PRAYER:

Writ petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to transfer the complaints dated 24.06.2015 of the 1st petitioner and 15.08.2015 of the 2nd petitioner to the file of the CB-CID Tamil Nadu for further investigation by registering F.I.R. against all the connected persons, for their alleged act of cheating, causing life threat, fraud, misappropriation, official misconduct and for abusing their official position.

For Petitioners : Mr.N.Murali Kumaran For R1 to R6 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor For R7 : Mrs.Hema Murali Krishnan For R8 : Mr.A.Shashfta For R9 : Mr.S.T.Rajan For R10 to R12 : Mr.S.T.Masood

ORDER

This Writ Petition has been filed seeking to transfer the complaints, pending on the file of the second respondent to the file of the CB-CID, TamilNadu.

The learned counsel for the petitioners raised several grounds justifying the transfer of the complaints to the file of the CB-CID, Tamilnadu.

The learned Additional Public Prosecutor on instructions would submit that the second respondent has already enquired the complaint given by the petitioners and the same has been closed on 24.07.2015 vide C.No.259/ALGSC/VLR/2015. In view of the above, the relief as sought for by the petitioners cannot be granted by this Court. A copy of the closure report on both the complaints given by the petitioners shall be furnished to the petitioners by the second respondent within a period of one week from the date of receipt of a copy of this order.

Liberty is given to the petitioners to workout their remedy by filing an appropriate petition before the concerned Jurisdictional Magistrate Court, in accordance with law. The closure of the complaints by the second respondent police will not stand in the way of the petitioners to workout their remedy in the manner known to law.

This Writ Petition is disposed of with above directions. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jen/rpl To 1.The Superintendent of Police, Vellore Range, Sathuvachary, Vellore District.

2.The Inspector of Police, Land Grabbing Wing, Vellore, Vellore District.

3.The Inspector of Police, Office of the Inspector of Police, Katpadi Police Station, Katpadi, Vellore District.

4.The Tahsildar, O/o the Tahsildar, Vellore District, Vellore.

5.The Tahsildar, O/o the Tahsildar, Katpadi Taluk, Vellore.

6.The Sub-Registrar, Office of the Sub-Registrar, Katpadi Taluk, Vellore District.

7.The Secretary, TamilNadu Walkf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

8.The Registrar, Thiruvalluvar University, Serkadu, Vellore - 632115.

+1cc to M/s.Mcgan Law FIRM, Advocate sr.no.77581 +1cc to Mr.S.Y.Masood, Advocate sr.no.77813 +1cc to Mr.M.Mohamed Faiz Ali, Advocate sr.no.77556 W.P.No.5554 of 2016 ss(co) nr 03/12/2018