Dismissed¶28

M.Prakash v. the Superintendent of Police

Madras HC4 Feb 2025CRL OP/3200/2024

Case brief

AI extract

What is this about?

Transfer of investigation to CBCID refused; Madras High Court, Crl.O.P.No.3200 of 2024, decided 04.02.2025, G.K. Ilanthiraiyan J. FIR Crime No.621 of 2022 dated 08.12.2022, Sections 380 and 457 IPC, theft of 24 1/2 sovereigns of gold jewels, Tharamangalam Police Station / SP Salem / DSP Omalur; Section 482 petition dismissed; direction to complete investigation and file final report within three months.

What did the court decide?

No relief to the petitioner; the Criminal Original Petition was dismissed. The Court additionally directed the third respondent to complete the investigation and file a final report within three months. ¶28

M.Prakash Vs the Superintendent of Police — Madras HC (2025) — LawSathi Research

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Crl.O.P.No.3200 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.02.2025

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CORAM

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THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.3200 of 2024

M.Prakash

Petitioner

The Superintendent of Police, Salem, Salem District.

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The Deputy Superintendent of Police, Omalur, Salem District.

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The Inspector of Police, Tharamangalam Police Station, Tharamangalam, Salem District.

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..... Respondents

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Prayer : Criminal Original Petition is filed under Section 482 of Code of Civil Procedure, to call for the records in S.C.NO.223 of 2024 on the file of the IV Additional District and Sessions Judge, Ponneri and quash the same.

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For Petitioner : Mr.M.Devaraj For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis

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1/4

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Crl.O.P.No.3200 of 2024

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ORDER

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This Criminal Original Petition has been filed seeking a direction to the first respondent to transfer the investigation of the case in Crime No.621 of 2022 dated 08.12.2022 from the file of the third respondent to some other investigating agency, preferably CBCID Police.

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Heard the learned counsel appearing on either side and perused the materials available on record.

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Based on the complaint lodged by the petitioner, the third respondent registered an FIR in Crime No.621 of 2022 for the offences under Sections 380 and 457 of IPC, alleging that the petitioner discovered his door lock was broken and 24 ½ sovereigns of gold jewels were found missing.

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On instructions, the learned Government Advocate (Crl.Side) submitted that the investigation is under progress in the case of theft and that the respondent has yet to trace the accused. Therefore, at this stage, transferring the investigation to any other investigation agency would affect the investigation already done by the third respondent. That apart, there are allegations as against the third respondent in respect of the investigation conducted by him.

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https://www.mhc.tn.gov.in/judis

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2/4

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Crl.O.P.No.3200 of 2024

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In view of the above, this Court finds no grounds to transfer

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the investigation from the file of the third respondent to any other investigating agency. Hence, this Criminal Original Petition stands dismissed. However, the third respondent is directed to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order.

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04.02.2025

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Lpp Index:Yes/No Internet:Yes/No

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To 1. The Superintendent of Police, Salem, Salem District.

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