K SUNDAARAVELU ALIAS K BALASUNDARAM Vs. DEPUTY COMMISSIONER OF POLICE CENTRAL CRIME BRANCH EGMORE CHENNAI

JUDGEMENT

(1.) MR. V.R. Karthikeyan, learned counsel for the petitioner submitted that the petitioner has come forward with this petition seeking the relief of directing the second respondent police to register the First Information Report as per the complaint preferred by the petitioner before the learned Additional Chief Metropolitan Magistrate, Chennai, in Crl.M.P.No.1245 of 2006, dated 27.09.2006 and thereafter the learned Additional Chief Metropolitan Magistrate, referred the matter under Section 156 (3) Cr.P.C. to the first respondent to register the case and to take action and investigate into the matter in accordance with law and to file the final report before the Court.

(2.) THE learned counsel for the petitioner submits that in spite of the specific direction given by the learned Additional Chief Metropolitan Magistrate, Chennai, the first respondent police till date has not registered the case. It is contended by the learned counsel for the petitioner that the order of the learned Magistrate directing the first respondent police to investigate into the matter was passed as early as on 27.09.2006 an till date the petitioner is not able to see the light of the day. THE learned counsel for the petitioner further contended that by not registering the case, the first and second respondents have not followed the mandatory requirement contemplated under Section 154 of Cr.P.C. It is submitted by the learned counsel for the petitioner that the petitioner has made out a case for the alleged offence under Section 147, 341, 420, 464, 466 and 506(ii) I.P.C. and there are specific allegations constituting the cognizable offence contained in the complaint dated 27.07.2006.

(3.) THE learned Additional Public Prosecutor submitted that till date the first respondent has not registered case. It is also submitted by the learned Additional Public Prosecutor that the second respondent will proceed in accordance with law on considering the allegation contained in the complaint of the petitioner.