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Madras High CourtCRL OP/6316/2016disposed of

S.A.Jayakumar v. State Rep By

2016-03-23Honourable Mr Justice T.Mathivanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.MATHIVANAN Crl.OP.No.6316 of 2016 S.A.Jayakumar

...Petitioner

Vs 1.The State rep. by Inspector of Police(Crime), E-3, Teynampet Police Station, Chennai.

2.The Deputy Commissioner of Police, Central Crime Branch,Chennai. ...Respondents Prayer:- Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent Police to register a case based on the petitioner's complaint dated 14.10.2015 in C.S.R.No.1211 of 15 and investigate the same. For Petitioner :Mr.M.Nirmal Kumar For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed seeking for a direction to the respondent police to register a case based on the petitioner's complaint dated 14.10.2015 in C.S.R.No.1211 of 15 and investigate the same.

2. Admittedly, the complaint lodged by the petitioner on 14.10.2015 has been assigned with C.S.R.No.1211 of 15 by the first respondent. Unfortunately, no case was registered. The petitioner has stated in the grounds of the petition that he is a resident of Sathankulam, Thoothukudi District. He was introduced to one DPK Nalavirumbi, S/o.Palanichamy residing at Door No.2/32-A, Flat No.2D, 2nd Floor Haveli Apartments, T. Nagar, Chennai through his friend Magdhum during the month of April 2015. The said DPK Nalavirumbi had introduced himself as Proprietor of ''Viba Associates'' running Television Broadcasting Agency, Travels and other businesses and a highly influential person holding position in the ruling party and has several contacts with high profile persons of Government Officials and he can manage any work in the Government Department.

3. The said DPK Nalavirumbi induced the petitioner to part with a sum of Rs.1 lakh for his son's job. Based on the inducement, the petitioner had given a sum of Rs.1 lakh to Magdhum and the same was received by DPK Nalavirumbi. Subsequently, the said DPK Nalavirumbi had stated to the petitioner that several vacancies are available in the Government Departments and he shall get appointment orders for job seekers. Based in his representation, the petitioner introduced 22 persons of his relatives and his friends circle to him. Thereafter, the said DPK Nalavirumbi has not fulfilled his promise, after getting crores of Rupees, but defrauded the petitioner as well as his relatives.

4. Under these circumstances, the petitioner has lodged a complaint to the Deputy Commissioner of Police, T.Nagar. However, his complaint was not taken on file and no case was registered by the respondent Police. As submitted by the petitioner, since the matter involves several crores of Rupees, the same has to be investigated by the Central Crime Branch.

5. Heard Mr.M.Nirmal Kumar, the learned counsel appearing for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the respondents.

6. Mr.M.Nirmal Kumar, the learned counsel appearing for the petitioner has submitted that the first respondent Police attached to E-3, Teynampet Police Station, Chennai may be directed to transfer the complaint to the second respondent Police viz., the Deputy Commissioner Police, Central Crime Branch with a further direction to register the case.

7. Accordingly, this Court finds that it may be expedient to issue a direction to the Inspector of Police(Crime) attached to the E-3, Teynampet Police Station, to transfer the petitioner's complaint dated 14.10.2015 to the file of the Deputy Commissioner of Police, Central Crime Branch, Chennai. After getting the complaint on transfer, the second respondent viz., the deputy Commissioner of Police is directed to register a case based on the complaint of the petitioner dated 14.10.2015, provided any prima facie case is made out against DPK Nalavirumbi, and take up the investigation in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

8. With the above direction, this Criminal Original Petition is disposed of. The Deputy Commissioner of Police, Central Crime Branch, Chennai is at liberty to nominate an Officer not below the rank of Inspector of Police to take up the investigation, as a huge amount is involved in the matter. dn s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Inspector of Police(Crime), E-3, Teynampet Police Station, Chennai.

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

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.M.Nirmal Kumar, Advocate SR 18453 sai(co) prk5/4 Crl.OP.No.6316 of 2016