Crl.O.P. under Section 482 CrPC for transfer of a crime regarding fraud to the Economic Offences Wing for investigation, granted against the Commissioner of Police by a single judge.
Directed the first respondent to transfer Crime No.132 of 2015 to the Economic Offences Wing-II, Chennai.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.10707 of 2015
K.R.Subramanian .. Petitioner
Vs.
State rep. by
1.The Commissioner of Police,
The Greater Chennai Police, Chennai.
2.The Assistant Commissioner of Police,
City Crime Branch Team-II,
Chennai Commissioner Office,
Chennai.
3.The Inspector of Police,
City Crime Branch Team-II,
Chennai Commissioner Office, Chennai District.
Crime No.132 of 2015. .. Respondents
Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent herein to transfer the Crime No.132 of 2015 pending on the file of the third respondent herein to the Superintendent of Police, Economic Offences WingII, Anna Nagar, Chennai-40 for appointing an appropriate officer to investigate and file a report.
For Petitioner : Mr.M.Easan
For Respondents: Mr.C.Emalias Additional Public Prosecutor ORDER
The petitioner has come forward with this petition to direct the first respondent herein to transfer the Crime No.132 of 2015 pending on the file of the third respondent herein to the Superintendent of Police, Economic Offences Wing-II, Anna Nagar, Chennai-40 for appointing an appropriate officer to investigate and file a report.
2.Learned counsel appearing for the petitioner submitted that the accused persons colluded together and jointly started a Call Tax Services in the name and style of India Track Call Taxi in the year 2010. They collected money from various persons but they failed to return the assured monthly payments. Hence, the petitioner along with other investors lodged a complaint before the third respondent and on that basis, a case has been registered in Crime No.88 of 2015 under Sections 406, 420 r/w. 34 of IPC and the same has already been transferred to EOW-II. Subsequently, another case in Crime No.132 of 2015 has been registered by the third respondent against Accused No.1 alone and the amount involved is more than Rs.50 Crores. Therefore, he prayed for transfer of Cr.No.132 of 2015 to EOW-II for further investigation and pray for an order.
3.At this juncture, the learned Additional Public Prosecutor would submit that nearly 300 depositors have deposited money with the accused persons and so far, 22 complaints have been received by the Investigating Agency. He would fairly conceded that another case in Crime No.88 of 2015 have already been transferred to EOW-II and he had no objection to transfer the case in Crime No.132 of 2015.
4.Recording the submission made by the learned Additional Public Prosecutor, the first respondent is directed to transfer the case in Crime No.132 of 2015 pending on the file of the third respondent to Economic Offences Wing-II, Chennai for investigation in accordance with law.
5.In the result, the Criminal Original Petition is disposed of.
Sd/Asst.Registrar (J)
/true copy/
Sub Asst. Registrar cse To
1.The Commissioner of Police, The Greater Chennai Police, Chennai.
4.The Public Prosecutor,
High Court, Madras.
1 cc to Mr.M. Easan, Advocate, Sr. 19491
Crl.O.P.No.10707 of 2015
SV (CO)
kk 13/4
1 issue framed by the court
Whether the impugned order transferring the case to EOW-II is maintainable.
1 provisions across 1 enactments
K.R.Subramanian
State rep. by 1.The Commissioner of Police, The Greater Chennai Police
State rep. by 2.The Assistant Commissioner of Police, City Crime Branch Team-II
State rep. by 3.The Inspector of Police, City Crime Branch Team-II
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
