Allowed

M/S.Pavilion Commercial Private Limited v. the State of Tamil Nadu

Madras HC24 Jan 2019CRL OP/319/2019

Case brief

AI extract

What is this about?

Four petitioners filed Crl.O.P.s under S. 482 Cr.P.C. seeking transfer of investigation in Crime No.5 of 2018 due to alleged negligence. The Court found the investigation improper and directed transfer to another officer under S.P. supervision.

What did the court decide?

Directed Superintendent of Police to allot cases to another investigating officer and enable immediate handover of case diary.

M/S.Pavilion Commercial Private Limited Vs the… — Criminal Trial and Appeal | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.01.2019

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CORAM

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THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

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Crl.O.P.Nos.319 & 323 of 2019 and Crl.O.P.No.29854 & 29859 of 2018

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Pavilion Commercial Private Limited,
Represented by its Director
& Authorized Signatory,
Mr.A.Sundararaju, ...Petitioner in Crl.O.P.No.319 of 2019
2. Sumathi Construction Private Limited,
Represented by its Director,
& Authorized Signatory,
Mr.A.Sundararaju, ...Petitioner in Crl.O.P.No.323 of 2019
3. Thyrocare Hospitals Limited,
Represented by its Director
& Authorized Signatory,
Mr.A.Sundararaju ... Petitioner in Crl.O.P.No.29854 of 2018
4. Mahima Advertising LLP,
Represented by its Designated Partner,
& Authorized Signatory,
Mr.A.Sundararaju, ...Petitioner in Crl.O.P.No.29859 of 2018
Vs.

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The State of Tamil Nadu, Represented by the Superintendent of Police (Rural) State Bank Road, Coimbatore – 641 018. ...1^st Respondent in all Crl.O.Ps.

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The Inspector of Police, Chettipalayam Police Station, Coimbatore – 641 201. ...2^nd Respondent in Crl.O.P.Nos.319/2019

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& 29854/2018

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https://hcservices.ecourts.gov.in/hcservices/

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The Inspector of Police, Negamam Police Station, Coimbatore – 642 120. ...2^nd Respondent in Crl.O.P.No.323 of 2019

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The Inspector of Police, Madukkarai Police Station, Coimbatore – 641 105. ...2^nd Respondent in Crl.O.P.No.29859 of 2018

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The Inspector of Police, District Crime Branch, Coimbatore. ...3^rd Respondent in all Crl.O.Ps.

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COMMON PRAYER: Criminal Original Petitions filed under Section 482 Cr.P.C to direct the 1^st Respondent to change the incumbent 3^rd Respondent as the officer in charge of the investigation of Crime No.5 of 2018 on the file of the 3^rd Respondent by deputing any other investigating officer and to do a proper and impartial investigation under the supervision of the 1^st Respondent and file the final report within a time limit stipulated by this Court. For Petitioners : Mr.Sundar Narayan [in all Crl.O.Ps.] For Respondents : Mr.M.Mohamed Riyaz [in all Crl.O.Ps] Additional Public Prosecutor COMMON ORDER

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These Criminal Original Petitions have been filed seeking for transfer of investigation, which is now pending on the file of the Inspector of Police, District Crime Branch, Coimbatore/3rd respondent in all the criminal original petitions in Crime No.5 of 2018.

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It is seen from the records that these four petitioners have filed independent complaints against the same accused persons with regard to fraud committed while selling the lands. All the complaints were collected together and FIR was registered in Crime No.5 of 2018, dated 04.03.2018 for the alleged offences under Sections 420, 423, 424, 467, 468 and 471 IPC.

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The learned counsel for the petitioners would submit that right from the beginning absolutely there is no improvement in the investigation and a huge fraud that has been committed by the accused persons has not been taken into consideration and

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https://hcservices.ecourts.gov.in/hcservices/

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the investigating officer has not taken any steps to proceed further with the investigation. The learned counsel would further submit that even to register FIR in these cases, the petitioners were forced to file petitions before this Court and only pursuant to the direction of this Court, the FIR was registered. Therefore, the petitioners have filed these petitions seeking for transfer of investigation.

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These petitions have been listed thrice for hearing the respondent police has not filed any status report before this Court, regarding the progress of investigation. Going by the magnitude of the crime committed by the accused persons.

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This Court is of the considered view that the investigation had not been properly conducted.

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The Superintendent of Police, Coimbatore is directed to allot these cases to another investigating officer and the Superintendent of Police is further directed to monitor the investigation process. The present investigating officer is directed to immediately hand over the entire case diary to the Superintendent of Police, Coimbatore to enable the Superintendent of Police to allocate these cases to some other investigating officer.

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With the above directions, these Criminal Original Petitions are disposed of. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar msrm/vsa To 1. The Superintendent of Police (Rural) State Bank Road, Coimbatore – 641 018.

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The Inspector of Police, Chettipalayam Police Station, Coimbatore – 641 201.

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The Inspector of Police, Negamam Police Station, Coimbatore – 642 120.

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https://hcservices.ecourts.gov.in/hcservices/

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The Inspector of Police, Madukkarai Police Station, Coimbatore – 641 105.

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The Inspector of Police, District Crime Branch, Coimbatore.

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The Additional Public Prosecutor High Court of Madras, Madras.

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+1 cc to M/s.Sundar Narayan, Advocate Sr.No.5601

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Crl.O.P.Nos.319 & 323 of 2019
and Crl.O.P.Nos.29854 & 29859 of 2018
NRL(CO)
CSL/15.02.2019

¶32

https://hcservices.ecourts.gov.in/hcservices/

M/S.Pavilion Commercial Private Limited v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M/S.Pavilion Commercial Private Limited v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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