Petitioner sought investigation transfer from City Crime Branch to CBCID regarding a fraud over Rs.9 crores closed for jurisdiction. Court dismissed transfer, directing fresh complaint to Economic Offences Wing.
Petitioner directed to lodge fresh complaint before Economic Offences Wing, Trichy for investigation.
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Crl.O.P.(MD) No.13193 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.11.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD) No.13193 of 2019
M.Sathyanarayanan ... Petitioner
Vs.
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to allow this petition and order for change of investigation agency from the 4th respondent City Crime Branch, Trichy to 5th respondent CBCID, Trichy and to enquire the matter on the basis of the complaint dated 08.11.2018 given by the petitioner bank.
For Petitioner : Mr.C.Jawahar Ravindran For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)
ORDER
This petition has been filed seeking direction to order for change of investigation agency from the 4th respondent City Crime Branch, Trichy to 5th respondent CBCID, Trichy and to enquire the matter on the basis of the complaint dated 08.11.2018 given by the petitioner bank.
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Crl.O.P.(MD) No.13193 of 2019
2.The learned Government Advocate(Crl.Side) would submit that on the complaint lodged by the petitioner the third respondent closed the complaint for the reason of jurisdiction, since the amount involved in the crime in more than Rs.9,00,00,000/- Hence, at this stage transfer of investigation would not serve any purpose.
3.In the result, the Criminal Original Petition stands dismissed, Further the petitioner is at liberty to lodge a fresh complaint before the Economic Offences Wing, Trichy and on receipt of the same, the Economic Offences Wing, Trichy is directed to investigate the same.
Assistant Registrar // True Copy //
Sub Assistant Registrar(CS )
aav
To
2.The Deputy Commissioner (Crime), City Crime Branch, Trichy.
7.The Additional Public Prosecutor
Madurai Bench of Madras High Court.
+1 CC to M/s.C.JAWAHAR RAVINDRAN, Advocate SR-96197.
Crl.O.P.(MD) No.13193 of 2019 05.11.2019
CS(14.11.2019) 2P 9C
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1 issue framed by the court
Whether the transfer of investigation from City Crime Branch to CBCID is warranted given the closure due to jurisdictional reasons.
M.Sathyanarayanan
The Commissioner of Police Trichy
The Deputy Commissioner (Crime) City Crime Branch, Trichy
The Assistant Commissioner of Police City Crime Branch, Trichy
The Inspector of Police City Crime Branch Trichy
The Inspector of Police CBCID, Trichy
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
