Yamuna Gnanaprakasam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.10008 of 2016 Yamuna Gnanaprakasam .. Petitioner Vs 1.The Commissioner of Police Greater Chennai Suburban Police St.Thomas Mount Chennai 600 016.

2.The State rep by Inspector of Police S-8 Adambakkam Police Station Chennai 600 088.

3.The Joint Director Central Bureau of Investigation EVK Sampath Buildings, Nungambakkam Chennai 600 006.

4.The Inspector of Police C.B.C.I.D.(Metro) Chennai.

Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation pending in Cr.No.385 of 2010 dated 7.10.2014 on the file of the fourth respondent herein to the file of the third respondent herein. For petitioner :

Mr.G.Jermiah For Respondents :

Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to transfer the investigation pending in Cr.No.385 of 2010 dated 7.10.2014 on the file of the fourth respondent herein to the file of the third respondent herein.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that this petitioner's husband went missing, in connection with which a case in Cr.No.385/2010 was registered initially by the Inspector of Police, S-8 Adambakkam Police Station and since there was no progress in the investigation, the petitioner filed Crl.O.P.No.742/2011 for transfer of investigation. This Court by order dated 08.07.2014, in Crl.O.P.No.742/2011 transferred the investigation in Cr.No.385/2010 from the file of the Inspector of Police, S-8 Adambakkam Police Station to the file of the CB CID.

4. Now the petitioner has come up with the present petition once against for transferring the case to any other agency on the ground that the CB CID has not made any progress in the investigation.

5.

Today when the matter was called, Mr.S.Ravichandran, the Inspector of Police, CB CID has filed a detailed Status Report narrating all the steps that have been taken so far by the police for tracing the whereabouts of the petitioner's husband. A copy of the Status Report has been served to the learned counsel for the petitioner.

6. On a reading of the Status Report, this Court finds that the CB CID are leaving no stone unturned to trace the petitioner's husband. In paragraph 25 and 26 of the Status Report, it is stated as follows:

"25.

During the course of investigation so far the 61 witnesses have been examined.

Relevant documents are collected and meticulous steps have been taken to trace the missing person. Mobile service providers have been requested to put the IMEI numbers of mobiles used by the missing person under surveillance to trace the mobile phones. Further enquiries are being made at hospitals, prisons and homes in Tamil Nadu and various States for getting information about the missing person.

26. It is submitted that CB CID is taking strenuous efforts to trace missing person. In view of the above facts and circumstances the Hon'ble Court may kindly dismiss this petition and thus render justice."

Recording the same, this petition is closed with a direction to the CB CID to proceed with the investigation and keep the petitioner informed of any development from time to time.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar gms To 1.The Commissioner of Police Greater Chennai Suburban Police St.Thomas Mount Chennai 600 016.

2.The Inspector of Police S-8 Adambakkam Police Station Chennai 600 088.

3.The Joint Director Central Bureau of Investigation EVK Sambath Building Nungambakkam Chennai 600 006.

4.The Inspector of Police C.B.C.I.D.(Metro) Chennai.

5.The Public Prosecutor, High Court, Chennai.

1 cc to M/s.G.Jeremiah, Advocate, sr.34495 Crl.OP No.10008 of 2016 sk co kra 11.07.216