Madras High CourtCRL OP/29979/2019dismissed

C.Sargunam v. The Commissioner Of Police

2020-10-06Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Crl.O.P.No.29979 of 2019 & Crl.M.P.No.16259 of 2019 C.Sargunam .. Petitioner .Vs.

1. The Commissioner of Police, Commissioner of Police, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, T.Nagar, Chennai - 600 017.

3. The Assistant Commissioner of Police, T.Nagar, Chennai - 600 017.

4. The Inspector of Police, R-2, Kodambakkam Police Station, Kodambakkam, Chennai - 600 024.

5. Assistant Commissioner of Police, Central Bureau of Investigation, Rajaji Bhavan, A.Wing, Besant Nagar, Chennai - 600 090 .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to change the investigation of the petitioner's complaint dated 14.06.2019 vide C.S.R.No.1299/Cop/visitors pending before the 4th respondent herein to the 5th respondent to conduct the investigation in accordance with law. For Petitioner : No appearance For Respondents 1 to 4 : Mr.S.Karthikeyan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for the relief to change the enquiry in CSR No.1299 of 2019 pending on the file of the fourth respondent in respect of the complaint given by the petitioner dated 14.06.2019.

2. Today when the petition was came up for hearing, there is no representation on the side of the petitioner.

3. On the other hand, learned Additional Public Prosecutor for the respondents police 1 to 4 on instructions would submit that as of now, no CSR in serial no.1299 of 2019 is pending on the file of the fourth respondent. He would further submit that after enquiry in the above referred CSR, the case has been registered against two persons in crime No.583 of 2019 under section 406 IPC and the same is pending for investigation. The said submission is recorded.

4. In view of the submission made by the learned Additional Public Prosecutor, since no enquiry is pending on the file of the fourth respondent, further order is not necessary in this Criminal Original Petition.

5. However, on go through the petition averment in paragraph 1, the petitioner alleges that he is having apprehends only against one Palani who is the Inspector of police, R2, Kodambakkam. This regards, learned Additional Public Prosecutor would submit that the said officer is not investigating the case and subsequently one Arunachalam, Inspector of Police is investigating the complaint given by the petitioner. Therefore in all aspects, the petition filed by the petitioner has no merits.

6. In view of the above, this Criminal Original Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Commissioner of Police, Commissioner of Police, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, T.Nagar, Chennai - 600 017.

3.The Assistant Commissioner of Police, T.Nagar, Chennai - 600 017.

4. The Inspector of Police, R-2, Kodambakkam Police Station, Kodambakkam, Chennai - 600 024.

5. Assistant Commissioner of Police, Central Bureau of Investigation, Rajaji Bhavan, A.Wing, Besant Nagar, Chennai - 600 090

6. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.29979 of 2019 pvs (co) rr ii (05/11/2020)