Mr.M.Arul Jothi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.Nos.5377 to 5389 of 2016 M.Arul Jothi .. Petitioner in Crl.OP.No.5377/16 M/s.Siva Krishnaangadi .. Petitioner in Crl.OP.No.5378/16 M/s.N.Vasu .. Petitioner in Crl.OP.No.5379/16 M/s.M.K.TamilSelvan .. Petitioner in Crl.OP.No.5380/16 M/s.P.Jothi .. Petitioner in Crl.OP.No.5381/16 M/s.V.Saravana Bhavan .. Petitioner in Crl.OP.No.5382/16 M/s.K.UnniKrishnan .. Petitioner in Crl.OP.No.5383/16 M/s.B.Nazeer Ahmed .. Petitioner in Crl.OP.No.5384/16 M/s.S.Lakshmi .. Petitioner in Crl.OP.No.5385/16 M/s.C.Stanly Jaya Rabe .. Petitioner in Crl.OP.No.5386/16 M/s.V.Madhuri Latha .. Petitioner in Crl.OP.No.5387/16 M/s.H.Nirmala .. Petitioner in Crl.OP.No.5388/16 M/s.J.Kodeeswari .. Petitioner in Crl.OP.No.5389/16 Vs.

1.The Inspector of Police, EOW-II, Chennai.

2.R.V.Narmadha, Proprietor of M/s.India Track, No.100, Mullai Street, Brindavan Nagar, Koyambedu, Chennai - 600 092.

3.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

.. Respondents in Crl.OPs) Prayer in Crl.OP.NO.5377 to 5389/2016:Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent to investigate into complaints in Crime No.88 of 2015 and to file a final report now pending on the file of EOW-II and subsequently direct them to furnish the assets belonging to the second respondent within a time frame fixed by this Court. For Petitioner : Mr.M.Aravind Subramaniam For Respondent : Mr.C.Emalias Additional Public Prosecutor (For R1 & R3)

COMMON ORDER The petitioners have come forward with these petitions under Section 482 of Code of Criminal Procedure, seeking a direction to the first respondent to investigate the matter and file a final report in Crime No.88 of 2015 on the file of the respondent police for the offences punishable under Sections 406, 420 r/w. 34 IPC.

2. Heard the submissions made by the learned counsel appearing on either side.

3. The learned counsel for the petitioners would submit that the petitioners are the depositors to the accused. He further submitted that on the basis of the complaint given by the depositors, a case has been registered in Crime No.88 of 2015 for the offences punishable under Sections 406, 420 r/w. 34 IPC. However, the respondent police has not shown any interest to investigate the matter and lay a final report. Hence, the petitioners have come up with these petitions for the relief as stated above.

4. Resisting the same, the learned Additional Public Prosecutor would submit that some of the depositors have filed a petition before this Court in Crl.O.P.No.230 of 2016, wherein order has been passed by this Court on 06.01.2016, directing the respondent police to investigate the matter and file a final report as expeditiously as possible. He further submitted that so far, 350 complaints have been received and the amount involved is Rs.8 Crores. He would also submitted that the respondent police were effectively investigating the matter and hence, prays for dismissal of these petitions.

5. Considering the rival submissions made on both sides and also considering the fact that the case has been registered on 01.03.2015 for the offences punishable under Sections 406, 420 r/w. 34 IPC and according to the learned Additional Public Prosecutor, so far they have received 350 complaints from the depositors and the amount involved is Rs.8 Crores and even today, they are receiving complaints from the depositors, the first respondent is directed to complete the investigation and file a final report, as expeditiously as possible.

6. The Criminal Original Petitions are disposed of with the above direction.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar cse To 1.The Inspector of Police, EOW-II, Chennai.

2.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

3.The Public Prosecutor High Court, Chennai.

Crl.O.P.Nos.5377 to 5389 of 2016 aa22/3/2016