T.T.Dinesan v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.25983 of 2021 T.T.Dinesan ... Petitioner Vs.

1. The Commissioner of Police, Greater Chennai, Office of Commissioner of Police, Veperi, Chennai.

2. The Additional Commissioner of Police, Central Crime Branch, Chennai, Office of Commissioner of Police, Veperi, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to register the First Information Report based on the petitioner's complaints dated 15.10.2019 and 03.02.2021 within a time frame as fixed by this Hon'ble Court.

For Petitioner : Mr.C.Anbu For Respondents : Mr.L.Baskaran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to register the First Information Report based on the petitioner's complaints dated 15.10.2019 and 03.02.2021.

2. The learned counsel appearing for the petitioner has submitted that the second respondent police has not registered an FIR on the petitioner's complaints dated 15.10.2019 and 03.02.2021.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police has submitted that similarly placed victim has already lodged a complaint and the same has been registered in Crime No.143 of 2016 on the file of the Additional Deputy https://hcservices.ecourts.gov.in/hcservices/

Commissioner of Police -III, Central Crime Branch, Greater Chennai Police, Vepery, Chennai-7. After completion of the investigation, the Investigating Officer has filed a final report and the same has been taken on file as C.C.No.2987 of 2021 on the file of XI Metropolitan Magistrate, Saidapet, Chennai for an offence under Sections 406, 420 of IPC and r/w Section 34 of IPC. On receipt of the complaint from the petitioner , supplementary charge sheet was also filed in which the petitioner has been added as one of the witnesses. Further, the learned Government Advocate (Crl.Side) also produced the supplementary charge sheet. A perusal of the same reveals that the petitioner has been added Witnesses No.207 in CC.No.2987 of 2021. Therefore, the registration of another FIR does not arise.

4. In view of the above submission made by the learned Government Advocate (Crl.Side), the prayer sought for in this petition cannot be considered. Hence, this petition is liable to be dismissed.

5. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar Vv To

1. The The Commissioner of Police, Greater Chennai, Office of Commissioner of Police, Veperi, Chennai.

2. The Additional Commissioner of Police, Central Crime Branch, Chennai, Office of Commissioner of Police, Veperi, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Anbu, Advocate, S.R.No.33163 Crl.O.P.No.25983 of 2021 AK-II[co] NSK/22/06/2022 https://hcservices.ecourts.gov.in/hcservices/