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Madras High CourtCRL OP/2904/2020allowed

S.Vijay John Paul v. State Rep.By

2020-07-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2904 of 2020 1.Mr.S.Vijay John Paul 2.Mrs.S.Saritha 3.Mr.S.Muthu @ Marimuthu 4.Mrs.Surya 5.Mr.Senthil Kumar 6.Mrs.R.Maheshwari 7.Mrs.S.Dinesh Kumar 8.Mr.K.Senthil 9.Mr.S.Sekar 10.Mr.Suresh Bavani 11.Mr.K.Mohanarangam 12.Mr.K.R.V.Rajesh Kumar 13.Mr.P.Inbaraj 14.Mr.R.Saravana Kumar 15.Mr.Nagaraj 16.Mrs.Rosemary 17.Mr.B.Naresh 18.Mr.S.Ravi 19.Mrs.S.Suganthi 20.Mrs.V.S.Kousalya

21.Mrs.A.Chithra 22.Mrs.M.Lakshmi 23.Mrs.T.Revathi 24.Mrs.R.Banumathy 25.Mrs.P.Revathi 26.Mr.R.Ravindran 27.Mrs.S.Pramila 28.Mrs.G.Kalavathi 29.Mrs.Kamatchi 30.Mrs.Rajeshwari 31.Mrs.Thenmozhi 32.Mrs.Anjali 33.Mrs.M.Karthika 34.Mrs.Yamuna 35.Mrs.Kanimozhi 36.Mr.K.Mahendran ... Petitioners Vs.

1. State, rep.by, The Inspector of Police, V-3, J.J.Nagar Police Station, J.J.Nagar, Chennai-37.

2.Anand Babu, Proprietor:DJ Group, No.28, Block No.12, Pachaiyappa Road, J.J.Nagar, Mogapair East, Chennai-600 037.

... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to transfer the pending investigation of case in Crime No.494 of 2019 on the file of the respondent police to some other independent agency more particularly EOW, Chennai District.

For Petitioners : No Appearance For 1st Respondent : Mr.S.Karthikeyan Additional Public Prosecutor For 2nd Respondent : No Appearance

O R D E R

This petition has been filed to transfer the pending investigation of case in Crime No.494 of 2019 on the file of the respondent police to some other independent agency more particularly EOW, Chennai District.

2. The learned Additional Public Prosecutor submitted that the 1st respondent registered a case in Crime No.494 of 2019 for the offence under Sections 406 and 420 of IPC as against the accused/2nd respondent. The 1st respondent on the investigation found that there are more than 10,000 subscribers in the Deepavali Chit conducted by the accused person, in which, the accused cheated the victims to the tune of Rs.9,68,00,000/- (Rupees Nine Crores and Sixty Eight Lakhs). Therefore, the 1st respondent though registered the case under Sections 406 and 420 of IPC, the 1st respondent is about to transfer the investigation to the file of EOW, Chennai. In this regard, the 1st respondent has also requested the Director General of Police, Chennai.

3. Therefore, considering the above submission, the entire case pursuant to the Crime No.494 of 2019 on the file of the 1st respondent is hereby withdrawn and the same is transferred to the file of EOW, HQ, Chennai, for further investigation.

4. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

ssn To 1.The Inspector of Police, V-3, J.J.Nagar Police Station, J.J.Nagar, Chennai-37.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2904 of 2020 CP(CO) RMP(29/09/2020)