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2022 Supreme(Online)(MAD) 16572

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.

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 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)

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 *******

C O M M O N O R D E R

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

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.

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

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.

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 t

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