Madras High CourtCRL OP/6754/2016disposed of

Cholamandalam Ms General v. Additional Director General

2016-03-28Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.6754 of 2016 Cholamandalam MS General Insurance Co. Ltd., Rep. by its Assistant General Manager, 2nd Floor, Dare House, 2 NSC Bose Road, Chennai - 600 001. .. Petitioner Vs.

1.Additional Director General of Police, Crime Branch, CID, Block-III, SIDCO Electronics Complex, 1st Floor, Thiru.vi.ka Industrial Estate, Guindy, Chennai - 600 032.

2.Superintendent of Police, Crime Branch, CID, North Zone, Chennai - 600 008.

3.Superintendent of Police, Villupuram District, Villupuram.

4.Inspector of Police, District Crime Branch, Villupuram.

5.Sridevi 6.Rajni 7.Minor Pranav 8.Minor Adithya 9.D.Ravivarman 10.P.Sambatham 11.V.Gajapathi .. Respondents (R7 & R8 were represented by this guardian and next friend, 5th respondent herein) Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct CB-CID to final report request FIR No.19/2011 dated 24.03.2011 already registered by them as per complaint

dated 24.12.2010 of the petitioner Insurer as early as possible within such time as may be fixed by this Hon'ble Court and take action.

For Petitioner : Mr.N.Vijayaraghavan For Respondents: Mr.C.Emalias Additional Public Prosecutor (For R1 to R4)

ORDER

The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to the respondent police to file a final report in Crime No.19 of 2011.

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

3. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case has been registered in Crime No.19 of 2011 for the offences punishable under Sections 420 r/w. 511 of I.P.C. However, the respondent police has not shown any interest to investigate the matter and lay a final report. Hence, the petitioner has come up with the present petition for the relief as stated above.

4. Learned Additional Public Prosecutor appearing for the respondents 1 to 4, on instructions, would submit that FIR has been registered against the respondents 5 to 8 who are the beneficiaries under the Motor Accident Claims Tribunal.

5. Considering the averments made in the affidavit and also perusing the typed set of papers that the respondents 5 to 8 are only the beneficiaries, the respondent police is directed to follow the procedure and complete the investigation in Crime No.19 of 2011 and file a final report, within a period of three months from the date of receipt of copy of this order.

6. The Criminal Original Petition is disposed of with the above direction.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar cse

To 1.Additional Director General of Police, Crime Branch, CID, Block-III, SIDCO Electronics Complex, 1st Floor, Thiru.vi.ka Industrial Estate, Guindy, Chennai - 600 032.

2.Superintendent of Police, Crime Branch, CID, North Zone, Chennai - 600 008.

3.Superintendent of Police, Villupuram District, Villupuram.

4.Inspector of Police, District Crime Branch, Villupuram.

5.The Additional Public Prosecutor High Court, Chennai.

1 cc to Mr.N. Vijayaraghavan, Advocate, Sr. 19555 Crl.O.P.No.6754 of 2016 SR (CO) kk 11/4