← Library
Madras High CourtCRL OP(MD)/2701/2017closed

Rahul Jessel Mittra v. The Inspector Of Police

2019-07-12Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 12.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).Nos.2701 & 2682 of 2017 Crl.O.P.(MD).2701 of 2017 Rahul Jessel Mittra, Managing Director of Margdarshak Development Projects and Consulting Private Limited.

... Petitioner/Defacto Complainant -Vs1. The Inspector of Police, Madurai District, (Crime No. 31/2015) ... Respondent/Complainant

2. Boaz Augustin

3. Padmakumar

4. Gunasingh Chelladurai

5. Sumathi John Mathuram

6. Nithin Kasthuri

7. Palaniappan ... Respondents/Accused 1 to 6 Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue a direction to the first respondent herein to include the Company Borg Energy India Private Limited as an accused in Crime No.31 of 2015, dated 26.03.2015 on the basis of the F.I.R. registered by the first respondent.

For Petitioner : Mr.C.D.Johnson For R1 : Mr.K.K.Ramakrishnan Additional Public Prosecutor Crl.O.P.(MD).No.2682 of 2017 Rahul Jessel Mittra, Managing Director of Margdarshak Development Projects & Consulting Private Limited.

... Petitioner/Defacto Complainant -Vs-

1. The Director General of Police, Mylapore, Chennai.

2. The Inspector General of Police, South Zone, Madurai.

3. The Superintendent of Police, Madurai District, Madurai.

... Respondents/Respondents

4. The Inspector of Police, Madurai District.

(Crime No.31 of 2015) ... Respondents/Complainants Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue a direction to the fourth respondent herein to secure all accused in connection with Crime No.31 of 2015 dated 26.03.2015, on the basis of the F.I.R. registered by the fourth respondent.

For Petitioner : Mr.C.D.Johnson For R1 to R4 : Mr.K.K.Ramakrishnan Additional Public Prosecutor C O M M O N O R D E R The petitions have been filed seeking a direction to the fourth respondent to include Borg Energy India Private Limited Company as an accused in Crime No.31 of 2015 and to secure all the accused in connection with the case.

2. When the matters came up for hearing today, the learned Government Advocate (Crl.side) on instructions would submit that already the investigation is over in this matter and the respondent police has filed a negative final report before the leaned Judicial Magistrate No.I, Madurai on 10.11.2018 as 'action dropped'.

3. Considering the fact that already the investigation has been completed and the final report has also been filed before the concerned Magistrate, the prayer sought for by the petitioner cannot be granted at this stage. Hence, these criminal original petitions are dismissed. However, if the petitioner has any grievance against the negative final report, it is always open to him to take appropriate remedy, in the manner known to law. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS )

To

1. The Director General of Police, Mylapore, Chennai.

2. The Inspector General of Police, South Zone, Madurai.

3. The Superintendent of Police, Madurai District, Madurai.

4. The Inspector of Police, Madurai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.C.D.JOHNSON, Advocate ( SR-75259[F] dated 15/07/2019 ) Crl.O.P.(MD).Nos.2701 & 2682 of 2017 12.07.2019 akv MK (29.07.2019) 3P 7C