M/S.Sundaram Home Finance Ltd v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.OP.No.504 of 2022 M/s.Sundaram Home Finance Limited (Formerly known as M/s.Sundaram BNP Paribas Home Finance Ltd) Represented by its Deputy Manager-Legal (Receivables) Y.Kishore Varma No.46, Whites Road,Chennai - 600 014.

Registered Office at No.21,Patullos Road, Chennai - 600 014.

...Petitioner

Vs.

1. The State of Tamil Nadu, Represented by its Commissioner of Police, Office of the Commissioner of Police, EVK Sampath Road,

2. Inspector of Police, Central Crime Branch Team - I,

...Respondents

Prayer: Criminal Original Petition has been filed under Section 482 Cr.P.C to transfer the investigation in FIR No.349 of 2017, dated 14.10.2017 pending on the file of the 2nd respondent to the CBCID, Chennai.

For Petitioner :Mr. D.V.Balasubramaniam for M/s.BPS Legal For Respondents :Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed to transfer the investigation in FIR No.349 of 2017, dated 14.10.2017 pending on the file of the 2nd respondent to the CBCID, Chennai. 2.The grievance of the petitioner is that though FIR.No.349

of 2017 was registered for the past four years, no action has been taken. The respondent police seems to be complacent with the accused in this case. Hence, he sought for transfer of investigation.

3.The learned Government Advocate (Cr.side) submits that in this case, investigation was completed, charge sheet filed, taken on file in C.C.No.4421 of 2021 for offences under Sections 420 r/w. 120 (B) IPC. The case is now pending for trial before the Special Court, Egmore, for CCB/CBCID. In this case, the respondent police shall produce the witnesses then and there promptly without any delay.

4.The counsel for the petitioner submits that the petitioner apprehends that the case could not come to logical end within the stipulated time knowing about the attitude of the accused. The accused, in this case, for one reason or the other was delayed the investigation and the respondents not took proper immediate steps, that is a reason, a case was registered in the year 2019, but, the final report filed only after four years. He further seeks direction of this court to complete the trial within the stipulated period.

5.This Court finds an FIR was registered in the year 2017, charge sheet filed four years thereafter in the year 2021 and the apprehension of the petitioner seems to be reasonable. In view of the same, the trial court is directed to give priority and to conclude the trial preferably within a period of nine months from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sms To

1. The Commissioner of Police, State of Tamil Nadu, Office of the Commissioner of Police, EVK Sampath Road,

2. The Inspector of Police, Central Crime Branch Team - I,

3. The Special Judge, Special Court for CCB/CBCID Egmore, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.BFS Legal, Advocate, S.R.No.2803 CRL.OP.No.504 of 2022 PCH(CO) RGA(03/03/2022)