Madras High CourtCRL OP/3468/2018disposed of

Ramesh, v. The Director Genral Of Police

2019-04-01Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3468 of 2018 Ramesh

...Petitioner

Vs.

1.The Director General of Police Chennai Tamil Nadu 2.The Commissioner of Police Office of the Commissioner of Police Coimbatore-18 3.The Inspector of Police Crime Branch (Previously B-9 Police Station) E-3, Police Station Saravanampatti Coimbatore-35 4.The Director General Central Bureau of Crime Investigation Department SIDCO Electronics Complex Block No.3, First Floor Guindy Industrial Estate Chennai-32

...Respondents

PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to transfer the investigation in FIR 634 of 2015 dated 08.12.2015 to the file of the CENTRAL BUREAU OF CRIME INVESTIGATION DEPARTMENT for further investigation and file a final report within the time frame fixed by this Court.

For Petitioner : Mr.E.D.Sethupathi For Respondents: Mr.M.Mohamed Riyaz for R1 to R3 Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed by the petitioner under Section 482 of Cr.P.C., to direct the first respondent to transfer the investigation in FIR 634 of 2015 dated 08.12.2015 to the file of the CENTRAL BUREAU OF CRIME INVESTIGATION DEPARTMENT for further investigation and file a final report within the time frame fixed by this Court. 2.The learned counsel for the petitioner would submit that on 16.11.2014 he went outstation and returned to Coimbatore only on 18.11.2014 and to his shock he found that the lock had been removed and a new lock was put up in the door and found the machineries kept in the workshop had been found stolen and missing. Hence, a complaint was lodged before the 3rd respondent.

The petitioner also filed a petition in Crl.O.P.No.19750 of 2015 seeking to register FIR. Accordingly, Crime No.634 of 2015 has been registered by the 3rd respondent. The petitioner also repeatedly informed the 3rd respondent about the accused persons and machineries but no action was taken by the respondent police. Only one person is said to have been arrested and released on bail. Other accused are still absconding not even applied anticipatory bail. Hence, this petition.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

4.Considering the fact that FIR in Crime No.634 of 2015 is pending from 08.12.2015, this Court is not inclined to transfer the investigation as the transferring would affect the investigation. However, the 3rd respondent is hereby directed to complete the investigation and file a final report in Crime No.634 of 2015 within a period of three months from the date of receipt of a copy of this order.

5.Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

kas To.