Madras High Court
S.Ziyaullah vs The State Rep. By on 18 January, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.01.2016 CORAM THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.953 of 2016 S.Ziyaullah ... Petitioner Vs The State rep. by The Inspector of Police, P-2, Otteri Police Station, Chennai (CSR No.1071/2015) ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to register an F.I.R. in the above CSR.No.1071/2015 dated 18.12.2015. For Petitioner : Mr.E.Amul Prakash For respondent : Mr.C.Emalias, Addl.Public Prosecutor. For Intervener : Mr.R.Venkatesh O R D E R
This petition has been filed to direct the respondent to register an F.I.R. in the above CSR.No.1071/2015 dated 18.12.2015.
2. The petitioner has lodged a complaint on 13.12.2015 before the Assistant Commissioner of Police, Otteri, Chennai, against one Farmanullah Shreef for misappropriation of funds collected on behalf of Masjid-E-Akbari. The said complaint was forwarded to the respondent and CSR.No.1071/2015 has been assigned on 18.12.2015. The petitioner has stated that the said Farmulla is the Secretary of Masjit E Akbari, managed by the elected committee and under the supervision of Tamil Nadu Wakf Board, Chennai. The said Farmullah started another unregistered trust in the name Dadasha Makan Baitulmal stating to be under the management of Masjit-E-Akbari committee whereas no such permission was granted to the committee. During the time of recent floods in Chennai, the mosque appealed to the general public for funds and many well wishers contributed relief funds but the funds collected by Masjid-E-Akbari were diverted by Farmullah in the name of Dadasha Makan Baitulman. Hence, a complaint was lodged with the respondent police, but till date, no action was taken. Hence, the present petition.
3. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing for the respondent and the learned counsel appearing for the intervener.
4. Learned Additional Public Prosecutor submitted that on receipt of the complaint, C.S.R.No.1071/2015 was assigned and on completion of enquiry, the complaint was closed. He has also produced the closure report.
5. Since the complaint given by the petitioner has been closed, nothing survives in this petition. Hence, the criminal original petition stands dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law.
18.01.2016 Index:Yes/No Internet:Yes/No vsi To
1.The Inspector of Police, P-2, Otteri Police Station, Chennai.
2.The Public Prosecutor, High Court, Madras.
R.SUBBIAH, J vsi Crl.O.P.No.953 of 2016 DATED: 18.01.2016