H.Ghyaz Ahmed vs The Secretary on 24 July, 2018

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Madras High Court

H.Ghyaz Ahmed vs The Secretary on 24 July, 2018

Bench: G.R.Swaminathan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               
DATED: 24.07.2018  
CORAM   
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN             
Crl.O.P.(MD).No.5534 of 2011 



H.Ghyaz Ahmed                                       ...Petitioner/ Complainant   
                                                
Vs.


1.The Secretary
   Home Department  
   Fort St.George
   Chennai 600 009
   Omandur Estate, Mount Road,  
   Chennai 600 002                                      ...Respondent/Respondent  

2.The Commission of Police 
   Mannarpuram 
   Trichy ? 20

3.The Assistant Commissioner of Police 
   Fort Police Station, Trichy -8

4.The Inspector of Police
   Gandhi Market Police Station(Palakkarai)
   Trichy -8


5.H.Hakkim @ K.M.S Hakkim    
6.T.M.Shamshudeen   
7.Tajuddin
8.A.K.Khaja Kamaladdeen                             ...Respondents/Accused      

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal
Procedure Code, to direct the Commissioner of Police, Mannarpuram, Trichy 620 
020, the Assistant Commissioner of Police, Fort Police Station, Trichy -2 and
the Inspector of Police, Gandhi Market Police Station(Palakkarai), Trichy 8
as per police complaint dated 04.03.2011, as per Sections 41, 47, 48, 93, 94,
99, 100, 101 and 102 Cr.P.C to search & seize the misappropriated funds of
Rs.15,00,000/- and to seize the entire hotel articles valued at
Rs.10,00,000/- taken away by the 5th to 8th respondents/accused, seize from
the 5th to 8th respondent/accused respective places and arrest the 5th to 8th
respondent/accused and others, who are involved and may be pleased to direct
to restore the entire property to the petitioner as per Section 451 and 456
of Cr.P.C.

!For Petitioner :Mr.H.Ghyaz Ahmed   
                                         Advocate-Party in person

^For R1 to R4           :Mr.A.Robinson 
                                        Government Advocate  
                                        (Crl.Side)

                For R5                  : Mr.K.Hema Karthikeyan  

                For R6                  :Mr.P.Arun Jeyaram 

                For R7                  : No appearance 

                
:ORDER

This petition has been filed to direct the Commissioner of Police, Mannarpuram, Trichy 620 020, the Assistant Commissioner of Police, Fort Police Station, Trichy -2 and the Inspector of Police, Gandhi Market Police Station(Palakkarai), Trichy 8 as per police complaint dated 04.03.2011, as per Sections 41, 47, 48, 93, 94, 99, 100, 101 and 102 Cr.P.C to search & seize the misappropriated funds of Rs.15,00,000/- and to seize the entire hotel articles valued at Rs.10,00,000/- taken away by the 5th to 8th respondents/accused, seize from the 5th to 8th respondent/accused respective places and arrest the 5th to 8th respondent/accused and others, who are involved and may be pleased to direct to restore the entire property to the petitioner as per Section 451 and 456 of Cr.P.C.

2.Heard the learned counsel appearing on either side.

3.In view of the direction made in Crl.O.P(MD).No.5533 of 2011 mandating registration of First Information Report and conduct of investigation by the concerned Assistant Commissioner of Police, no further orders are necessary in Crl.O.P(MD).No.5534 of 2011. The police authority is directed to act in terms of law.

4.With this direction, this Criminal Original Petition is closed.

1.The Secretary, Home Department, Fort St.George, Chennai 600 009 Omandur Estate, Mount Road, Chennai 600 002.

2.The Commission of Police, Mannarpuram, Trichy ? 20.

3.The Assistant Commissioner of Police. Fort Police Station, Trichy -8.

4.The Inspector of Police.

Gandhi Market Police Station(Palakkarai). Trichy -8.

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

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