MOHAMED HUSSAIN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE above Criminal Original Petition has been filed to direct the respondent Police to further investigate under section 173 (8) Cr. p. C. in Crime NO. 507 of 2005 on the file of the respondent.

(2.) THE short facts which are necessary for disposal of the Criminal Original Petition are set out below: the petitioner herein is residing with his daughter and son-in-law at No. 5/3, Kasturi Estate II Street, Chennai -86; a civil dispute is pending before the Principal District Judge at Tiruchirappalli between the petitioner and the accused in C. C. No. 5726 of 2005 on the file of the VI learned Metropolitan Magistrate, Egmore, Chennai; while so, at about 4. 45 p. m. on 16. 03. 2005, the accused namely, Ahmed Zainal Ariff alleged to have contacted through mobile Phone No. 9841375754 the petitioner's son-in-law over the land line telephone NO. 24993112 and alleged to have threatened that the petitioner will not return alive and steps have already been taken to murder him and the petitioner's son-in-law and daughter, also will be murdered; the said telephone threat was informed to the petitioner while he was in Trichy and the son-in-law lodged a complaint with the respondent Police and on that basis a case has been registered in Crime No. 507 of 2005 under section 506 of I. P. C. After completion of investigation, charge sheet has been filed in C. C. No. 5726 of 2005. During the course of trial P. W. 1 to P. W. 4 have been examined.

(3.) IT is the case of the petitioner that the mobile phone NO. 9841375754 belongs to one Sahul Hameed of 15, Sannathi Street, Vadapalani, Chenai ? 26 and the said details have been furnished by one Raj Mohan an employee of Aircel who was examined by Investigating Officer and whose statement has been recorded by the Investigating Officer on 21. 03. 2005; but the said Rajmohan was unfortunately not examined as a witness in this case. When this mistake was noticed, the petitioner has filed a petition under section 311 Cr. P. C and the respondent filed a petition under section 173 (8) Cr. P. C seeking permission for further investigating the case and to file the final report. The said petition was dismissed by the learned Magistrate. Against the said order, respondent has not chosen to file any revision or any criminal Original Petition. Since the prosecution has not taken any steps, the petitioner has filed this present Criminal Original Petition.