D SRINIVAS Vs. S ZAKKER HUSSAIN

JUDGEMENT

(1.) Insofar as Crl. O.P. No. 33097 of 2013 is concerned, the petition is for cancellation of the bail granted on 05.12.2013 by the VII Metropolitan Magistrate, George Town, Chennai in M.P. No. 295 of 2013 in Cr. No. 955 of 2013 on the file of Inspector of Police, (Crime) B1 North Beach Police Station, Chennai. Though learned counsel for the de facto complainant/D. Srinivas submits that in considering the petition for bail moved by Zakker Hussain in Crl. M.P. No. 295 of 2013 in Crime No. 955 of 2013 on the file of Inspector of Police, (Crime) B1 North Beach Police Station, Chennai and order dated 5.12.2013, no reasons are informed, we find that as against an occurrence of 05.12.2013, the final report has been filed in the case leading to C.C. No. 1863 of 2014 pending trial on the file of VII Metropolitan Magistrate, George Town, Chennai. Such proceedings have been stayed by this Court under order dated 11.8.2014 in Crl. M.P. No. 1 of 2014 in Crl. O.P. No. 20933 of 2014. In the circumstances, where the investigation stands completed, this petition (Crl. O.P. No. 33097/2013) does not survive consideration and hence, the same shall stands dismissed.

(2.) Insofar as Crl. O.P. No. 32232 of 2013 is concerned, the petition is filed for a direction to the respondents/Police to take action against the persons who have attacked the petitioner/S. Zahir Hussain and also register the complaint lodged by the petitioner/S. Zahir Hussain on 6.12.2013 before the 2nd respondent-Deputy Commissioner of Police, Flower Bazaar Range, Chennai.

(3.) The persons accused therein are the Superintendent of Customs and other officials working at the Customs House. The Superintendent of Customs is the de facto complainant in Cr. No. 955 of 2013 on the file of Inspector of Police, B-1 North Beach Police Station, Chennai. The occurrence alleged is of the same time as in Crime No. 955/2013. In other words, the petitioner/S. Zahir Hussain seeks action on a complaint which informs a case counter to the one registered in Crime No. 955/2013. This Court, on the order dated 08.01.2014 has passed an interim order to the following effect:-