R.Devaraj v. The Assistant Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.30118 of 2018 R.Devaraj ...petitioner ..Vs..
1. The Assistant Commissioner of Police, Puzhal Range, Puzhal, Chennai.
2. The State by Inspector of Police, M-4 Redhills Police Station, Chennai.
Crime No.1747 of 2017.
...Respondents
PRAYER:
Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to take action based on the representation dated 17.12.2018 and to recover the "Streedhana Articles" from Devaraj S/o.Rajendran. For Petitioner : Mr.S.Jaganathan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the first respondent police to register a case on the complaint of the petitioner dated 17.12.2018.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3.In view of the Judgment of the Hon'ble Division Bench of this Court in Crl.O.P.(MD) No.13681 of 2018 and batch of cases, dated 20.09.2018, the petition of this nature is not maintainable before this Court. Liberty is granted to the petitioner to work out his remedy in accordance with the guidelines given by the Hon'ble Division Bench in the decision referred supra.
4.With the above direction, this Criminal Original Petition is disposed of.
tta 21.12.2018 This matter having been listed under the caption for Being Mentioned on 19.02.2019 pursuant of the order of this court dated 21.12.2018 and made herein in the presence of the aforesaid Counsels on the either side the court made the following order:
Replace the existing order with this present order. Matter is posted "for being mentioned".
The learned counsel for the petitioner submitted that an FIR has already been registered by the respondent police in Crime No.1747 of 2017 under Section 174 of Cr.P.C. In the meantime, the petitioner had given a representation to the respondent police seeking for the return of the sreedhana articles. The learned counsel wanted the respondent police to consider the said representation and act in accordance with law in the course of investigation in the pending FIR.
2. Considering the facts and circumstances of the case, there shall be a direction to the 2nd respondent to act upon the representation dated 17.12.2018 made by the petitioner seeking for the return of the sreedhana articles. This representation shall also be considered by the 2nd respondent in the course of investigation in Crime No.1747 of 2017.
3. This Criminal Original Petition is disposed of with the above direction.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tta To To be substituted to the order
1. The Assistant Commissioner already despatched on of Police, 11.02.2019.
Puzhal Range, Puzhal, Chennai.
2. The Inspector of Police, M-4 Redhills Police Station, Chennai.
3. The Public Prosecutor, Hight Court, Madras.
+1cc to Mr.S.Jaganathan, Advocate, S.R.No.89636 Crl.O.P.No.30118 of 2018 PPA(Co) CS/21/01/2019 SP(20/02/2019)