Madras High Court
S.Praveen Kumar vs The Commissioner Of Police on 17 November, 2017
Author: M.S.Ramesh
Bench: M.S.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.11.2017
CORAM
THE HONOURABLE Mr.JUSTICE M.S.RAMESH
W.P.No.29387 of 2017
and
W.M.P.Nos.31661 & 31662 of 2017
1. S.Praveen Kumar
2. Janaki Meenakshisumdaram ... Petitioners
Vs
1. The Commissioner of Police,
Chennai 7.
2. The Additional Commissioner of Police,
Chennai 7.
3. The Sub-Inspector of Police,
Team I, EDF,
Central Crime Branch,
Madras -7.
4. The Management of Ozone Projects
Private Ltd., rep its Chairman
Mr.Vasudevan.
5. Srinivasan Gopalan,
Chief Executive Officer,
Metro Zone of Ozone Projects Private Ltd.,
6. Kannian, Executive Director,
Metro Zone of Ozone Projects Private Ltd.,
7. Dilip Kumar, Project Manager of
Metro Zone of Ozone Projects Private Ltd.,
Respondents 4 to 7 are having their
Office at No.44, Pillaiyar Koil Strett,
Jawarlal Road, Anna Nagar,
Chennai 600 040. .. Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue an order or direction in the nature of a Writ of Mandamus directing the respondents 1 to 3-police to initiate action against respondents 4 to 7 and their 'self-styled' Core Committee Members, of Metro Zone of Ozone Projects Private Limited, 44, Pillaiyar koil Street, Jawarlal Road, Anna Nagar, Chennai-600 040 for Criminal Inducement, Criminal Breach of Trust & Cheating, for collecting a sum of Rs.2,24,42,459/- from the petitioners, out of the total cost of Rs.2,53,48,662/- being the value of Apartment Y/ 704, in Tower 4 of Metro Zone of Ozone Project Pvt Ltd., through bank, during the period from 2012 to 2015, on the false promise by way of 'criminal inducement and criminal breach of trust' that they (respondents 4 to 7) would handover the finished and completed Apartment of Y/704 in 7th Floor of Tower 4, (measuing 2561 Sq.ft) in Metro Zone of Ozone Projects Private Ltd., to petitioners by February/March 2014 and to compel the respondent 4 to 7 to handover the completed and finished Apartment Y/704 in Metro Zone of Ozone Projects Private Limited, 44 Pillaiyar Koil Street, Jawarlal Road, Anna Nagar, Chennai 600 040 to petitioners forthwith by considering the petitioners' representation dated 01.11.2017.
For Petitioner : M/s.Shanmugha Associates
For Respondents
For R1 to R3 : Mr.S.Babu,
Government Advocate.
For R4 to R7 : No Appearance.
ORDER
This petition is filed seeking a direction to the respondents 1 to 3 to initiate action against respondents 4 to 7 by considering the petitioners' representation dated 01.11.2017.
2. It is submitted by the learned Government Advocate that the respondents police have already been enquired into the petitioner's complaint dated 01.11.2017 and given the final report on 15.11.2017.
3. In view of the submission made by the learned Government Advocate, the prayer sought for in the present writ petition has become infractuous. However, it is open to the petitioners to challenge the final report dated 15.11.2017 in the manner known to law.
4. Accordingly, the writ petition is dismissed as infractuous. Consequently, connected miscellaneous petitions are dismissed. No costs.
17.11.2017 Index:Yes/No Internet: Yes/No Note : Issue order copy on or before 21.11.2017 rts M.S.RAMESH.J., rts To
1. The Commissioner of Police, Chennai 7.
2. The Additional Commissioner of Police, Chennai 7.
3. The Sub-Inspector of Police, Team I, EDF, Central Crime Branch, Madras -7.
4. The Public Prosecutor, High Court, Madras.
W.P.No.29387 of 2017 and W.M.P.Nos.31661 & 31662 of 2017 17.11.2017