B.Hariara Subramani v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.06.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.13257 of 2015 P.Venkatesan ...
Petitioner Vs
1. The Superintendent of Police, Dharmapuri District.
Dharmapuri.
2. The Superintendent of Police, Economic Offence Wing, Salem, Salem District.
3. The Inspector of Police, District Crime Branch, Dharmapuri, Dharmapuri District.
4. The Inspector of Police, Economic Offence Wing, Salem, Salem District ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation in Crime No.30/2014 on the file of the Inspector of Police, District Crime Branch, Dharmapuri, Dharmapuri District to the 4th respondent, namely, the Inspector of Police, Economic Offence Wing, Salem, Salem District for proper and appropriate action.
For Petitioner :Mr. A.Ilaya Perumal For Respondents :Mr.C.Emalias Additional Public Prosecutor
ORDER
The petitioner seeks a direction to the transfer the investigation in Crime No.30/2014 on the file of the Inspector of Police, District Crime Branch, Dharmapuri, Dharmapuri District to the 4th respondent, namely, the Inspector of Police, Economic Offence Wing, Salem, Salem District for proper and appropriate action.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and perused the material placed on record.
3. On 03.06.2015, this court passed the following order: " It is seen that the petitioner has lodged a complaint based on which Crime No.30 of 2014 has been registered by the respondent police for the alleged offence under Sections 420 and 406 of IPC. On a reading of the complaint it is seen that the petitioner has alleged that the accused are running a Financial Establishment in the name of "Unique Agri India Products Private Limited" and have
been collecting deposits from the public.
Therefore, the complaint discloses the commission of Cognizable offence under Tamil Nadu Protection of Interests of Depositors (TANPID) Act 1997, which can be investigated only by the Economic Offences Wing and not by the third respondent herein.
The learned Additional Public Prosecutor seeks time to get instructions.
The Investigating Officer is directed to be present before this Court on 10.06.2015.
Post on 10.06.2015 for orders."
Today, Mr.Udayakumar, Inspector of Police, District Crime Branch, Dharmapuri is present and on instruction from him, the learned Additional Public Prosecutor submitted that the Inspector of Police, District Crime Branch, Dharmapuri, himself has made a request to the D.I.G., Salem to transfer the case in Crime No.30/2014 to the Economic Offence Wing, Salem and on which, orders are pending.
4. In view of the above, in the interest of the justice, the case in Crime No.30/2014 is directed to be transferred from the file of the Inspector of Police, District Crime Branch, Dharmapuri to the
P.N.PRAKASH,J, mrp District Superintendent of Police, Economic Offence Wing, Salem, who shall entrust the case to a competent officer. The third respondent is directed to hand over the case diary within a period of two weeks from the date of copy of the receipt of this order to the District Superintendent of Police, Economic Offence Wing, Salem, who shall continue the investigation of the case. This petition is ordered accordingly.
10.06.2015 mrp To
1. The Superintendent of Police, Dharmapuri District.
Dharmapuri.
2. The Superintendent of Police, Economic Offence Wing, Salem, Salem District.
3. The Inspector of Police, District Crime Branch, Dharmapuri, Dharmapuri District.
4. The Inspector of Police, Economic Offence Wing, Salem, Salem District 5 .The Public Prosecutor, High Court, Madras.
Crl.OP.No.13257 of 2015