The Madurai Bench of the Madras High Court dismissed a criminal petition seeking directions for a change of investigation from the Economic Offence Wing to another agency, holding it premature as the complaint was not yet registered.
Petitioner directed to register the complaint.
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Crl.O.P.(MD)No.11589 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019 CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.11589 of 2019
J.Saradha ... Petitioner Vs
1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Economic Offence Wing,
Madurai District.
3.The Managing Director, M/s.Asurre Agrowtech Limited, (Health and Wealth Guarantee) Melaperumal Maistry Street, Madurai. ... Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent for change of investigation on the petitioner's complaint dated 12.03.2019 from the file of the second respondent to some other agency against the third respondent under the provisions of Tamil Nadu Protection of Interest of Depositors Act and within the period stipulated by this Court.
For Petitioner : Mr.A.Rajini For R1 and R2 : Mr.R.Anandharaj Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking for a direction to direct the first respondent for change of investigation on the petitioner's complaint dated 12.03.2019 from the file of the second respondent to some other agency against the third respondent under the provisions of Tamil Nadu Protection of Interest of Depositors Act and within the period stipulated by this Court.
2.Heard the learned counsel for the petitioner and the learned https://hcservices.ecourts.gov.in/hcservices/ Additional Public Prosecutor for the respondent.
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Crl.O.P.(MD)No.11589 of 2019
3.It is seen that the petitioner preferred complaint and it is pending on the file of the second respondent for enquiry. At this stage, the transfer of investigation do not arise. Only after registration of the complaint, the investigation will arise and as such, the prayer sought for by the petitioner cannot be considered.
4.Accordingly, the Criminal Original Petition stands dismissed. However, the petitioner is directed to take appropriate steps for register the complaint.
Assistant Registrar ()
// True Copy //
Sub Assistant Registrar(CS)
sji
To
1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police,
Economic Offence Wing, Madurai District.
Copy to
The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.11589 of 2019 19.11.2019
KM/(11.12.2019) 2P 4C
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2 issues framed by the court
Whether the court should direct a change of investigating agency before the complaint is registered.
Whether the prayer for transfer of investigation is maintainable at this stage.
J.Saradha
The Superintendent of Police
The Inspector of Police
The Managing Director, M/s.Asurre Agrowtech Limited
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
