Madras High Court
B.R.Gokul vs State Represented By Its on 24 August, 2022
Author: G.Jayachandran
Bench: G.Jayachandran
Crl.R.C.No.842 of 2019
& Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2022
CORAM
THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN
Crl.R.C.No.842 of 2019
and
Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021
and
Crl.M.P.No.8956 of 2021, 13847 & 17688 of 2019
Crl.R.C.No.842 of 2019:
B.R.Gokul,
S/o.B.V.Ramamohan Rao.
... Petitioner
-Vs.-
State represented by its
Inspector of Police,
K-6, T.P.Chatram Police Station,
Chennai.
(K-6, T.P.Chatram Police Station Crime No.124 of 2019)
.. Respondent
Criminal Revision Petition filed under Section 397 & 401 of Code
of Criminal Procedure to set aside the order passed in Crl.M.P.No.7336
of 2019 dated 11.07.2019 by the learned V Metropolitan Magistrate,
Egmore, Chennai and to return the i-phone (7 Plus Model-IMEI
No.359160077674900) seized from the possession of the petitioner by
the respondent police in Crime No.124 of 2019 on the file of the
respondent police.
https://www.mhc.tn.gov.in/judis
1/13
Crl.R.C.No.842 of 2019
& Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021
For Petitioner : Mr.Rajendran Raghavan,
for Mr.H.Manivannan
For Respondent : Mr.N.S.Suganthan,
Government Advocate (Criminal Side)
Crl.O.P.No.16276 of 2019:
B.R.Gokul,
S/o.B.V.Ramamohan Rao.
... Petitioner
-Vs.-
1.State represented by its
Inspector of Police,
K-6, T.P.Chatram Police Station,
Chennai.
(K-6, T.P.Chatram Police Station Crime No.124 of 2019)
2.Naveeth Ahamed,
S/o.Kasim Mohamed.
.. Respondents
Criminal Original Petition filed under Section 482 of Code of
Criminal Procedure to call for the records and quash the investigation in
Crime No.124 of 2019 on the file of the first respondent police.
For Petitioner : Mr.Rajendran Raghavan,
for Mr.H.Manivannan
For Respondent : Mr.N.S.Suganthan,
Government Advocate (Criminal Side)
for R1
Mr.R.Srinivas, for R2
https://www.mhc.tn.gov.in/judis
2/13
Crl.R.C.No.842 of 2019
& Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021
Crl.O.P.No.16421 of 2021:
Naveeth Ahamed,
S/o.Kasim Mohamed.
... Petitioner
-Vs.-
State represented by its
Inspector of Police,
W4, All Women Police Station,
Kilpauk, Chennai 600 010.
(Crime No.1 of 2019)
.. Respondent
Criminal Original Petition filed under Section 482 of Code of
Criminal Procedure to direct the respondent to conduct the necessary
further investigation in the case in Crime No.1 of 2019 on the file of the
All Women Police Station, Kilpauk, Chennai in accordance with the
order of this Hon'ble Court in Crl.O.P.No.31754 of 2019 dated
27.11.2019 and comply with the same and file the necessary report
before the Additional Mahila Court, Egmore, Chennai in the case stated
above.
For Petitioner : Mr.R.Srinivas
For Respondent : Mr.N.S.Suganthan,
Government Advocate (Criminal Side)
https://www.mhc.tn.gov.in/judis
3/13
Crl.R.C.No.842 of 2019
& Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021
Crl.O.P.No.26037 of 2019:
Naveeth Ahamed,
S/o.Kasim Mohamed.
... Petitioner
-Vs.-
1.State represented by its
Inspector of Police,
W4, All Women Police Station,
Kilpauk, Chennai 600 010.
(Crime No.1 of 2019)
2.K.Shanthi,
W/o.K.S.P.Ganesan.
.. Respondents
Criminal Original Petition filed under Section 482 of Code of
Criminal Procedure to call for the records relating to the Crime No.1 of
2019 on the file of Inspector of Police, W4, All Women Police Station,
Kilpauk, Chennai, the first respondent police and quash the same.
For Petitioner : Mr.R.Srinivas
For Respondent : Mr.N.S.Suganthan,
Government Advocate (Criminal Side)
for R1
No appearance for R2
*******
COMMON ORDER
The Criminal Revision Petition, Crl.R.C.No.842 of 2019, has been filed to set aside the order passed in Crl.M.P.No.7336 of 2019 dated https://www.mhc.tn.gov.in/judis 4/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021 11.07.2019 by the learned V Metropolitan Magistrate, Egmore, Chennai and to return the i-phone seized from the petitioner by the respondent police in Crime No.124 of 2019.
2. The Criminal Original Petition, Crl.O.P.No.16276 of 2019, has been filed to call for the records and quash the investigation in Crime No.124 of 2019.
3. The Criminal Original Petition, Crl.O.P.No.16421 of 2021, has been filed to direct the respondent/Inspector of Police, W4, All Women Police Station, Kilpauk, to conduct the necessary investigation in Crime No.1 of 2019 in accordance with the order of this Hon'ble Court in Crl.O.P.No.31754 of 2019 dated 27.11.2019 and file the necessary report before the Additional Mahila Court, Egmore, Chennai.
4. The Criminal Original Petition, Crl.O.P.No.26037 of 2019, has been filed to call for the records relating to the Crime No.1 of 2019 on the file of Inspector of Police, W4, All Women Police Station, Kilpauk, Chennai and quash the same.
https://www.mhc.tn.gov.in/judis 5/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021
5. These petitions surrounds around the following facts:-
On 10.05.2019, a complaint was given by Naveeth Ahamed to the Police alleging that a day before, at about 11.15 p.m., when he was returning home after visiting a friend's house near his house, three unknown persons covered his face and attacked him. They also warned him not to continue his affair with one Vasavi. He was taken to a place near Padi and a sum of Rs.2,00,000/- was demanded to let him free. He called one Damodaran, who is the employee under his father to come with money and rescue him. After sometimes, he was taken to a play ground in St.Thomas Mount. His watch, i-phone were relieved and he was beaten severely with wooden logs. He was admitted in M.R. Hospital for treatment and thereafter, the said complaint was lodged by him narrating the above incident.
6. While so, few days later other complaint dated 17.05.2019, filed by one Shanthi, mother of Vasavi, came to be registered by W4, All Women Police Station, Kilpauk in Crime No.1 of 2019 against the said Naveeth Ahamed under Sections 354, 354A and 354C IPC and Sections https://www.mhc.tn.gov.in/judis 6/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021 66E and 67A of Information Technology Act, 2000. According to the complaint, it was alleged that the daughter of the de facto complainant/Shanthi, namely Vasavi, 20 years old, a National Level Tennis Player, was pursuing her studies in USA. She was forced to come down to India by Naveeth Ahamed under threat. She came to India two weeks prior to the complaint, without informing her parents. On 14.05.2019, when T.P.Chatram Police informed the de facto complainant about the arrival of her daughter and her daughter affair with Naveeth Ahamed, she enquired and found that her daughter was forcibly asked to come down to India and she was kept under the illegal custody of Naveeth Ahamed. He had taken objectionable photographs and put her under threat. These above facts had come to her knowledge only when T.P.Chatram police had registered Crime No.124 of 2019 against her daughter and her friends Gokul and Abhishek, pursuant to the complaint given by the Naveeth Ahamed.
7. Gokul, who is one of the accused in Crime No.124 of 2019 and Naveeth Ahamed, who is the accused in Crime No.1 of 2019 have come before this Court to quash the complaint lodged against them. https://www.mhc.tn.gov.in/judis 7/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021
8. The said Gokul who is one of the accused in Crime No.124 of 2019 had also taken out a petition seeking interim custody of the property (cell phone) recovered from Vasavi while she was about to board flight. The said Naveeth Ahamed had taken out Crl.O.P.No.16421 of 2021 to conduct further investigation in Crime No.1 of 2019 being not satisfied with the line of investigation, particularly alleging failure to collect call details and other cyber information with the help of cyber cell.
9. This Court heard all the learned counsels and perused the materials placed on record.
10. The Inspector of Police attached to All Women Police Station, Kilpauk has filed a counter detailing the course of investigation wherein it is stated that, on completion of investigation in Crime No.1 of 2019, final report has been filed against Naveeth Ahamed for the offence under Sections 341, 324, 354, 354A, 354C, 376, 379, 384, 427 and 506(i) IPC and Sections 66E and 67A of Information Technology Act, 2000. The case has been committed to the Mahila Court and taken on file in https://www.mhc.tn.gov.in/judis 8/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021 S.C.No.205 of 2021 and the case is posted for hearing on 25.08.2022 for framing of Charge. Whereas the complaint of Naveeth Ahamed is under investigation by T.P.Chatram Police in Crime No.124 of 2019 for the offences under Sections 363, 392, 397 and 506(ii) IPC, while under investigation, the interim order was passed in Crl.O.P.No.16276 of 2019 and therefore they were not able to proceed further.
11. The investigating officer has also stated that the mobile phone recovered from Vasavi, which is the subject matter of Crl.R.C.No.842 of 2019, could not be send to forensic lab due to the pandemic situation and further in view of the pendency of the revision petition to return the cell phone.
13. On perusing the documents filed and on considering submissions made by the learned counsel, it is clear that the investigation in this case and counter case centers upon the conversation between the accused persons. Only after retrieving the data available in the cell phone, the entire truth will come to light and only then the act of crime of each accused could be ascertained. For the said purpose scientific https://www.mhc.tn.gov.in/judis 9/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021 examination of the cell phone, which has been seized in Crime No.124 of 2019 is necessary. In the counter filed by the investigating officer, this Court understands that the investigating officer was not able to do the investigation pertaining to the content of cell phone due to the pendency of the original petition for quash. At the same time, in the complaint given by Shanthi, the investigation got completed and the final report has also been filed which has been culminated in S.C.No.205 of 2021.
14. In the said circumstances, it is appropriate to dispose of the three Original Petitions and one Revision Petition with the following directions:
(i) The Criminal Original Petition, Crl.O.P.No.16276 of 2019, filed the by Gokul to quash Crime No.124 of 2019 is dismissed. The interim order stands vacated. The prosecution is directed to send the cell phone to forensic lab for necessary examination and on receipt of the report file the final report; https://www.mhc.tn.gov.in/judis 10/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021
(ii) In view of the above direction, Criminal Revision Petition, Crl.R.C.No.842 of 2019, stands dismissed;
(iii) The Criminal Original Petition,
Crl.O.P.No.16421 of 2021, filed to direct further
investigation in Crime No.1 of 2019 has become redundant in view of the fact that the police had completed the investigation and filed the final report. However, as pointed out earlier, these two crimes are closely interconnected and as contended by the learned counsel appearing for the petitioner Naveeth Ahamed, the data found in the cell phone may provide further information or necessitate further investigation. In such circumstances, the investigating officer is given liberty to file an additional final report or make further investigation with the leave of this Court;
(iv) The Criminal Original Petition, https://www.mhc.tn.gov.in/judis 11/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021 Crl.O.P.No.26037 of 2019, is not a fit case to quash the complaint, since there is sufficient prima facie material available for trial. Hence to be dismissed;
15. Accordingly, three Criminal Original Petitions and one Criminal Revision Petition are disposed of as stated above. Consequently, connected miscellaneous petitions are also closed.
24.08.2022 Speaking/Non-speaking order Index: Yes/No Internet : Yes/No nsa To
1.The Inspector of Police, W4, All Women Police Station, Kilpauk, Chennai 600 010.
(Crime No.1 of 2019)
2.The Inspector of Police, K-6, T.P.Chatram Police Station, Chennai.
(K-6, T.P.Chatram Police Station Crime No.124 of 2019) https://www.mhc.tn.gov.in/judis 12/13 Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021 Dr.G.JAYACHANDRAN.J., nsa Crl.R.C.No.842 of 2019 & Crl.O.P.No.16276 & 26037 of 2019 & 16421 of 2021 & Crl.M.P.No.8956 of 2021, 13847 & 17688 of 2019 24.08.2022 https://www.mhc.tn.gov.in/judis 13/13