A Criminal Original Petition filed under Section 482 CrPC to transfer the investigation of a cheating and chit fund offence to a different officer was dismissed. The court held that the investigation was proceeding correctly and no transfer was required.
The Criminal Original Petition for transfer of investigation was disposed of; no transfer directed.
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.
Crl.O.P.No.14401 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2023
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.14401 of 2023
Mani
... Petitioner
Vs.
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to
transfer the investigation in Crime No.10 of 2023 from the file of the second respondent to some other independent investigation officer with the direction and supervision of first respondent for conducting independent and impartial investigation Crime No.10/2023 on the file of the second respondent.
For Petitioner : Mr.P.Kalimuthu For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side)
ORDER
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Crl.O.P.No.14401 of 2023
This Criminal Original Petition has been filed to transfer the investigation in Crime No.10 of 2023 from the file of the second respondent to some other independent investigation officer with the direction and supervision of first respondent for conducting independent and impartial investigation in Crime No.10 of 2023 on the file of the second respondent.
2. The learned counsel for the petitioner submitted that the petitioner gave a complaint against one Madhusudhanan alleging that the said Madhusudhanan had cheated the petitioner to the tune of Rs.4,50,000/- under the guise of running chit. Not only the said Madhusudhanan had involved in the chit, his mother one Vijayalakshmi had also involved in the offence. However, the respondent Police has not added the said Vijayalakshmi as an accused and also not taken steps for attaching the properties for realizing the money deposited by the depositors.
3. In response, the learned Government Advocate (Crl.side) appearing
for the respondents submitted that the petitioner gave a complaint only against Madhusudhanan and there is no mention about the role of Vijayalakshmi in the complaint. Only on the basis of the complaint, FIR in Crime No.10 of 2023 for
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Crl.O.P.No.14401 of 2023
the offences under Sections 406, 420 IPC and Sections 4(1) and 76(1) of the
Chit Funds Act, 1982 was registered. During investigation, the respondent Police brought the said Vijayalakshmi also under the scanner for investigation and the case is being investigated. If there is material to implicate the said Vijayalakshmi, Vishnu and Gunasekaran, the investigation officer would take appropriate steps.
4. In the light of the submissions made by the learned counsel on either
side, this Court is of the view that the investigation is proceeding in the right line and there is no need to transfer the investigation.
5. Accordingly, this Criminal Original Petition is disposed of.
27.06.2023
Index:Yes/No Speaking/Non speaking order mn
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Crl.O.P.No.14401 of 2023
G.CHANDRASEKHARAN.J.,
mn
To
Crl.O.P.No.14401 of 2023
27.06.2023
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2 issues framed by the court
Whether the investigation in Crime No.10 of 2023 should be transferred from the second respondent to another independent investigation officer.
Whether the omission to add the petitioner's mother as an accused necessitates transferring the investigation.
1 provisions across 1 enactments
Mani
State represented by its The Commissioner of Police, Police Commissioner Office, Tiruppur
The Inspector of Police, Central Crime Branch, Tiruppur District
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
