Criminal Original Petition seeking transfer of investigation under Section 482 Cr.P.C. The Court declined transfer affecting investigation but directed the local police to complete investigation and file a final report within three months.
Direction to complete investigation within three months and file final report; transfer to CBI refused.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:01.04.2019 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3468 of 2018
Ramesh
...Petitioner
Vs.
1.The Director General of Police Chennai Tamil Nadu 2.The Commissioner of Police Office of the Commissioner of Police Coimbatore-18 3.The Inspector of Police Crime Branch (Previously B-9 Police Station) E-3, Police Station Saravanampatti Coimbatore-35 4.The Director General Central Bureau of Crime Investigation Department SIDCO Electronics Complex Block No.3, First Floor Guindy Industrial Estate Chennai-32
...Respondents
PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to transfer the investigation in FIR 634 of 2015 dated 08.12.2015 to the file of the CENTRAL BUREAU OF CRIME INVESTIGATION DEPARTMENT for further investigation and file a final report within the time frame fixed by this Court.
For Petitioner : Mr.E.D.Sethupathi
For Respondents: Mr.M.Mohamed Riyaz for R1 to R3 Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed by the petitioner under Section 482 of Cr.P.C., to direct the first respondent to transfer the investigation in FIR 634 of 2015 dated 08.12.2015 to the file of the CENTRAL BUREAU OF CRIME INVESTIGATION DEPARTMENT for further investigation and file a final report within the time frame fixed by this Court.
2.The learned counsel for the petitioner would submit that on 16.11.2014 he went outstation and returned to Coimbatore only on 18.11.2014 and to his shock he found that the lock had been removed and a new lock was put up in the door and found the machineries kept in the workshop had been found stolen and missing. Hence, a complaint was lodged before the 3rd respondent. The petitioner also filed a petition in Crl.O.P.No.19750 of 2015 seeking to register FIR. Accordingly, Crime No.634 of 2015 has been registered by the 3rd respondent. The petitioner also repeatedly informed the 3rd respondent about the accused persons and machineries but no action was taken by the respondent police. Only one person is said to have been arrested and released on bail. Other accused are still absconding not even applied anticipatory bail. Hence, this petition.
3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
4.Considering the fact that FIR in Crime No.634 of 2015 is pending from 08.12.2015, this Court is not inclined to transfer the investigation as the transferring would affect the investigation. However, the 3rd respondent is hereby directed to complete the investigation and file a final report in Crime No.634 of 2015 within a period of three months from the date of receipt of a copy of this order.
5.Accordingly, this Criminal Original Petition stands disposed of.
Sd/Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
kas To. 1.The Director General of Police Chennai Tamil Nadu 2.The Commissioner of Police Office of the Commissioner of Police Coimbatore-18 3.The Inspector of Police Crime Branch (Previously B-9 Police Station) E-3, Police Station Saravanampatti Coimbatore-35 4.The Director General Central Bureau of Crime Investigation Department SIDCO Electronics Complex Block No.3, First Floor Guindy Industrial Estate Chennai-32 5.The Public Prosecutor High Court of Madras +1cc to Mr.E.D.Sethupathi, Advocate sr.no.31178 Crl.O.P.No.3468 of 2018 nr 03/05/2019
1 issue framed by the court
Whether the investigation pending since December 2015 should be transferred to the Central Bureau of Crime Investigation.
1 provisions across 1 enactments
Ramesh
Director General of Police Chennai
Commissioner of Police Coimbatore
Inspector of Police Crime Branch Saravanampatti
Director General Central Bureau of Crime Investigation Department
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
