Sivan, Aged 64 Years, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.4289 of 2017 Sooriyabee ..

Petitioner Vs.

1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Sankarapuram Police Station, Sankarapuram, Villupuram District.

3.S. Kamaraj 4.M. Shajahan 5.B. Lyla 6.Althaf Begum 7.M. Saleem Jan 8.M. Yasin ..

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Inspector of Police, Sankarapuram Police

Station, Sankarapuram, Villupuram District, to transfer of the investigation of the case pending before him based on the complaint given by the petitioner on 10.09.2014 to any other competent investigating agency, preferably Central Bureau of Investigation and further issue a direction to CBI to investigate the matter and to file a final report within a stipulated time.

For Petitioner :

Mr.M. Kumaresan for M/s. A.G. Rajan For Respondents :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to to direct the Inspector of Police, Sankarapuram Police Station, Sankarapuram, Villupuram District, to transfer of the investigation of the case pending before him based on the complaint given by the petitioner on 10.09.2014 to any other competent investigating agency, preferably Central Bureau of Investigation and further issue a direction to CBI to investigate the matter and to file a final report within a stipulated time.

2. The grievance of the petitioner in her complaint is that a sum of Rs.2.84 crores from her Savings Bank Account has been debited without her knowledge. In this connection she had given a complaint to the second respondent on 10.09.2014. However, since

there is no progress in the investigation, the petitioner seeks transfer of the case.

3. The learned Additional Public Prosecutor, on instructions, submitted that since the amount involved in the present complaint is over and above 25 lakhs, it is the Superintendent of Police, Economic Offences Wing, Chennai, who is the proper investigating authority to investigate the case. In view of the above, the second respondent has closed the petitioner's complaint on 12.06.2015.

4. Hence, the petitioner's complaint dated 10.09.2014 on the file of the 2nd respondent herein, is transferred to the Superintendent of Police, E.O.W., who shall entrust the said complaint to a competent officer for the purpose of investigating the same and to file a final report.

5. The Criminal Original Petition stands allowed. 26.07.2017 Index:Yes/No Internet : Yes/No ggs

M.S.RAMESH.J, ggs To 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Sankarapuram Police Station, Sankarapuram, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4289 of 2017

26.07.2017