Petitioner sought transfer of theft investigation alleging police compulsion to undervalue stolen gold. Court dismissed the petition as the allegation was vague, appeared untrue, and was raised belatedly without proof.
The Criminal Original Petition for transfer of investigation to CBCID is dismissed.
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Crl.O.P.No.3959 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.10.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.3959 of 2023
V.Ramakrishnan
.. Petitioner
/versus/
1.The Superintendent of Police, District Superintendent Office, Krishnagiri District.
2.The Inspector of Police, Hosur Police Station, Krishnagiri District.
3.The Inspector of Police, CBCID Krishnagiri, Krishnagiri District. .. Respondents Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the first respondent to transfer the Investigation in Crime No.317 of 2019 pending on the file of Inspector of Police, Hosur Police Station, the second respondent herein to the Inspector of Police, CBCID, Krishnagiri the third respondent herein to secure the ends of justice.
For Petitioner :Mr.K.Iniyanan For Respondents :Mr.S.Udaya Kumar, Government Advocate(Crl.Side)
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Crl.O.P.No.3959 of 2023
O R D E R
The petitioner herein is the defacto complainant in Crime No.317 of 2019
dated 05.08.2019 on the file of the Hosur Police Station.
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Crl.O.P.No.3959 of 2023
have any proof of delivery or posting even taken on face value, it appears that this petitioner had accepted five sovereign of gold jewels which was recovered from the suspected accused and after receiving of five sovereign of gold jewels, he has now approached this Court stating that even five sovereign of gold jewels does not belong to him, but he was compelled by the police attached to Hosur Police Station to claim the jewels. The petitioner for the reason best known had not disclosed the alleged compulsion to give the complaint with lesser weight of jewels, than what he lost in the theft. After four years alleging that he has given the representation to the District Superintendent of Police which has no proof, the petitioner has come to the Court for transfer of investigation to CBCID. Meanwhile, he has appeared before the concerned Magistrate Court and claimed ownership of portion of jewels and taken it.
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Crl.O.P.No.3959 of 2023
need not be transferred to CBCID.
17.10.2023
Index:yes/no Speaking order/non speaking order ari
To: 1.The Superintendent of Police,District Superintendent Office, Krishnagiri District.
2.The Inspector of Police,Hosur Police Station, Krishnagiri District.
3.The Inspector of Police,CBCID Krishnagiri, Krishnagiri District.
4.The Public Prosecutor, High Court, Madras.
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Crl.O.P.No.3959 of 2023
Dr.G.JAYACHANDRAN, J.
ari
Crl.O.P.No.3959 of 2023
17.10.2023
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2 issues framed by the court
Whether the investigation into theft should be transferred to CBCID after a belated allegation by the complainant.
Whether the appellate court should transfer the investigation to secure the ends of justice when the grievance is unverified and tardy.
V.Ramakrishnan
Superintendent of Police, District Superintendent Office, Krishnagiri District
Inspector of Police, Hosur Police Station
Inspector of Police, CBCID Krishnagiri
G.Jayachandran
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
