S.Sivaraj v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.4.2016

CORAM:

THE HON'BLE DR.JUSTICE P.DEVADASS Crl.O.P. No.8415 of 2016 S.Sivaraj .. Petitioner Vs.

1. The Commissioner of Police, Chennai City, Chennai.

2. The Inspector of Police, F2, Egmore Police Station, Chennai- 600 008.

.. Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to register the FIR as per the complaint of the petitioner s dated 21/03/2016.

For Petitioner : Mr.T.C.S.Raja Chockalingam For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner seeks a direction under Section 482 Cr.P.C to the Inspector of Police, F2, Egmore Police Station, Chennai to register a criminal case based on his complaint dated 21.03.2016.

2. According to the learned counsel for the petitioner, the petitioner has already been cheated by certain persons in the matter of getting P.G. medical course for his son in a private medical college. Again, he has been cheated. Now, he has complained to the jurisdiction police.

3. The learned Additional Public Prosecutor submitted that the police is ready to take action, however, petitioner got an adjournment that the petitioner will attend the police enquiry.

4. I have anxiously considered the submissions of both sides, perused the allegations in the complaint and the materials on record.

5. Based on the complaint of the petitioner that one Manoharan and Dr.Udayan Felix had cheated him, a case in Cr.No.9 of 2015 has been registered by the Central Crime Branch of the Chennai City Police. It seems that again he had fallen in to the hands of some crooks. One Nazer promised him to get back the amount covered in Cr.No. 9 of 2015. For that he is alleged to have paid him Rs.7 lakhs and Nazer also cheated him. Petitioner filed Crl.O.P.No.27162 of 2015 before this Court. On 05.02.2016, it was dismissed since the occurrence has taken place in Chennai City, he should have lodged the complaint before the Chennai Police instead of Chidambaram police.

6. Now, a complaint dated 21.03.2016 has been lodged with the Chennai police. Now, it is for the second respondent to take action on the complaint dated 21.03.2016 lodged by the petitioner.

7. In the circumstances, the second respondent shall register a criminal case based on the complaint dated 21.3.2016 lodged by the petitioner and investigate the same in accordance with law and file Final Report as per law before the concerned court.

8. Accordingly, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kua

To

1. The Additional Public Prosecutor, High Court, Madras.

2. The Commissioner of Police, Chennai City, Chennai.

3. The Inspector of Police, F2, Egmore Police Station, Chennai- 600 008.

+1 cc Mr.T.C.S. Raja Chochalingam, Advocate SR.25542 Crl.O.P. No.8415 of 2016 PVS(CO) EU 12.05.16