Justice N. Seshasayee granted a Criminal Original Petition under Section 482 CrPC, directing the local police to transfer the investigation of Crime No. 535 of 2017 to the CBCID and file a final report within six months.
Direction to complete investigation and lay final report within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.03.2019
CORAM
THE HONOURABLE MR. JUSTICE N.SESHASAYEE
Crl.O.P.(MD)No.4175 of 2019
S.Rajeswari ... Petitioner Vs. 1.The Director General of Police, Chennai.
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 to 3 herein to transfer the investigation of the case in Crime No.535 of 2017 from the file of the 4th respondent to the 5th respondent and further to file a final report before this Court within the time stipulated by this Court.
For Petitioner : Mr.C.Jeganathan for M/s.Veera Asso. For Respondents : Mr.V.Neelakandan
Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct the respondents 1 to 3 herein to transfer the investigation of the case in Crime No.535 of 2017 from the file of the 4th respondent to the 5th respondent and further to file a final report.
2.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3.For a complaint that discloses commission of offence under Section 379 IPC even on the fact of it, the Investigating Agency
2
has registered a case under Section 420 IPC. It requires intervention of the Court to point out to the Investigating Agency that the case ought to have been registered for offence under Section 379 IPC. It is unfortunate that this Court called upon to do that which the investigating agency is expected to do.
4.Today, the learned Additional Public Prosecutor submits that by proceedings date 26.03.2019, the case has been altered to one for offence under Section 379 IPC and the investigation has just commenced.
Sub Assistant Registrar(CS)
CM/vsd
To
1.The Director General of Police, Chennai.
2.The Inspector General of Police, South Zone, Madurai.
3.The Commissioner of Police, Madurai City.
4.The Inspector of Police (Crime), Villakkuthoon Police Station, Villakkuthoon, Madurai.
+1CC TO MR.VEERA ASSO., Advocate Sr. No. 57642
Crl.O.P.(MD)No.4175 of 2019 28.03.2019
https://hcservices.ecourts.gov.in/hcservices/ TR (12.04.2019) 2P 8C
2 issues framed by the court
Whether the investigation agency erred in registering the case under Section 420 IPC instead of Section 379 IPC.
Whether the Court should direct the transfer of investigation from the local police to CBCID and file a final report.
3 provisions across 2 enactments
S. Rajeswari
Director General of Police, Chennai
Inspector General of Police, South Zone, Madurai
Commissioner of Police, Madurai City
Inspector of Police (Crime), Villakkuthoon Police Station, Villakkuthoon, Madurai
Deputy Superintendent of Police, CBCID, Madurai
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
