1. Crl.O.P.No.24151 of 2015 has been filed by the petitioner, K.Mohanraj, praying to call for the records in Crl.M.P.No.1748 of 2015 on the file of the Chief Metropolitan Magistrate, Egmore, Chennai and set aside the order, dated 18.04.2015 passed therein.

2. Crl.O.P.No.24251 of 2015 has been filed by the petitioner, J.Jayapaul Mohan, seeking a direction to the third respondent to register an FIR against the respondents 1 and 2 as per the order of the learned Chief Metropolitan Magistrate, Egmore, Chennai-08 in Crl.M.P.No.1748 of 2015 dated 18.04.2015 and investigate the matter in accordance with law and file a final report.

3. Since the parties and the subject matter involved in these two petitions are common, these two petitions are taken up together for final disposal. For the sake of convenience, the parties will be herein referred to as per their rankings in Crl.O.P.No.24251 of 2015.

4. The petitioner, Mr.J.Jayapaul Mohan has moved a petition in Crl.M.P.No.1748 of 2015 under Section 156(3) of Cr.P.C. before the learned Chief Metropolitan Magistrate, Egmore, Chennai-08, praying to forward the complaint made by him, to the Inspector of Police, E-3 Teynampet Police Station with a direction to register FIR against the respondents 1 and 2, namely, Mr.K.Mohanraj and Mr.Kumara Gurubaran. In the said petition, the petitioner J.Jayapaul Mohan has averred as follows:

That the petitioner lodged a complaint before the Inspector of Police, E-3 Teynampet Police station on 7.3.2015 stating that one Mr.Rajagopal, who was working in Royapettah Hospital as Assistant Engineer, had taken the cycle stand collection money of Rs.2,41,800/- in respect of which, a case was lodged before the Inspector of Police, E3 Police Station, Teynampet, Chennai. He came to know that departmental action was also taken against said Rajagopal. In order to safeguard Mr.Ragagopal, one Mr.M.Kumara Gurubaran along with some people on the instructions of Mr.Mohanraj, who is the President of PWD Engineers Association, came and took away some documents which were related to the said Rajagopal case, without his knowledge. Though he lodged the complaint, no action was taken by the concerned police. Hence, he filed the present petition under Section 156(3) Cr.P.C., for the relief as stated above.

5. The above said petition was entertained by the learned Chief Metropolitan Magistrate and passed an order, dated 18.4.2015 was passed by him, which reads as under:

“Complainant present. 1 to 4 documents submitted by the complainant have been perused. Learned counsel for the complainant would submit that on the instigation of Mr.K.Mohanraj, Mr.Kumara Gurubaran, had taken some of the documents which were in the custody of the complainant. The complainant already submitted a complainant before the Inspector of Police, E-3, Teynampet Police Station and the Commissioner of Police, Greater Chennai. No action was taken. The complaint and the documents reveal that there is a prima facie case. Hence this complaint has been forwarded and the Inspector of Police, E-3 Teynampet Police Station is directed to register an FIR and investigate the matter and submit a report before this Court.”

6. Aggrieved by the above said order, the first respondent, K.Mohanraj has come forward with Crl.O.P.No.24151 of 2015 praying to quash the said order, whereas, the petitioner, J.Jayapaul Mohan has come forward with Crl.O.P.No.24251 of 2015, praying this Court to direct third respondent/Inspector of Police, E-3 Teynampet Police Station, to register a FIR against the said respondents 1 and 2, namely, K.Mohanraj and Kumara Gurubaran as per the order of the learned Chief Metropolitan Magistrate, Egmore, Chennai-08.

7. Mr.M.Anandaraj, learned counsel appearing for the petitioner, would submit that though the petitioner lodged a complaint against respondents 1 and 2 for their illegal action by taking away the documents without the knowledge of the petitioner, the 3rd respondent Police has not taken any action, w