K.Jayabarathi v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.29724 of 2018 1.K.Jayabarathi 2.S.Kumaravel

...Petitioners

Vs.

1.The Director General of Police Tamil Nadu Government DGP Office Mylapore, Chennai-4 2.The Superintendent of Police The Office of Superintendent of Police Thiruvalur District 3.The Inspector of Police Economic Offence Wing-II Chennai 600 007 4.The Inspector of Police Vengal Police Station Thiruvalur 5.Krishna moorthy 6.R.Murugesan ... Respondents PRAYER:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 & 2 to provide adequate police protection to the petitioners' life and property by considering the petitioners' complaint before the 1st respondent on 08.03.2018, and before the 2nd respondent on 06.03.2018. For Petitioners: Ms.P.Uma For Respondents: Mr.M.Mohamed Riyaz for R1 to R4 Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondents 1 & 2 to provide adequate

police protection to the petitioners' life and property by considering the petitioners' complaint before the 1st respondent on 08.03.2018, and before the 2nd respondent on 06.03.2018. 2.The learned counsel for the petitioners would submit that HBN Diaries & Allied Ltd., with pious words, shown documents and records of the company and made the petitioner to invest in their finance company. Without realising the criminal intention he made the 149 village people to invest in the said scheme from 2008 onwards. Even after the maturity period, the HBN Company failed to distribute the matured amount to the depositors. The petitioners lodged a complaint before the Econonic Wing-II, Guindy. The 5th & 6th respondents are the depositors, they attacked the petitioners with bricks and caused grievous injuries. The 2nd petitioner was admitted in the Thiruvalur Government Hospital. Hence, the petitioner is before this Court seeking police protection.

3.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor. 4.It is seen from the records that the petitioners lodged complaints before the 1st respondent on 08.03.2018 and before the 2nd respondent on 06.03.2018. Admittedly, the petitioners have not lodged any complaint before the concerned jurisdictional Police Station, namely the 4th respondent herein. 5.It is also seen that the complaint lodged by the petitioners has been registered in Crime No.85 of 2018 and the complaint lodged by the counterpart in which the petitioners are arraigned as accused in Crime No.84 of 2018.

6.In the light of the above, the petitioners are hereby directed to file a fresh complaint to the 4th respondent. On receipt of the said complaint, the 4th respondent is hereby directed to conduct enquiry and pass orders on merits in accordance with law.

7.With the above direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar kas

To 1.The Director General of Police Tamil Nadu Government DGP Office Mylapore, Chennai-4 2.The Superintendent of Police The Office of Superintendent of Police Thiruvalur District 3.The Inspector of Police Economic Offence Wing-II Chennai 600 007 4.The Inspector of Police Vengal Police Station Thiruvalur 5.The Public Prosecutor, High Court of Madras.

+1cc to Mr.P.Uma, Advocate, S.R.No. 28532 Crl.O.P.No.29724 of 2018 VSN II(CO) GN(30/04/2019)