Rekha @ Revathi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Rekha @ Revathi ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600007.

2. State by The Inspector of Police (L & O), S-9, Palavanthangal Police Station, St.Thomas Mount, Chennai.

... Respondents Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.150 of 2022 on the file of the Inspector of Police, S9-Palavanthangal Police Station, St.Thomas Mount, Chennai to any other Investigating agency for further investigation of the case.

For Petitioner : Mr. M.Abdul Razack For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No. 150 of 2022, on the file of the second respondent Police, to any other Investigating agency for further investigation of the case.

2. The petitioner's husband was missing from 01.07.2022. Therefore, she lodged a complaint and the second respondent registered the First Information Report in Crime No. 150 of 2022 under "man missing". Thereafter, the second respondent did not even conduct any enquiry to know the whereabouts of the petitioner's husband.

3. The second respondent filed a status report before this Court, which reveals that the petitioner's husband borrowed a sum of Rs.54,00,000/- and Rs. 1.47 Crores from one Anil Somanapalli Kumar Gopala Krishna to develop his business. After obtaining the loan, he did not repay the same and as such, he is now absconding. 2/5

4. The learned counsel for the petitioner would submit that on what basis the second respondent filed a status report and whose complaint the allegations made as against the petitioner's husband and no materials are available to substantiate the same. The petitioner already filed a Habeas Corpus Petition in H.C.P. No. 1433 of 2022 before this Court. On the assurance given by the second respondent, it was closed. For the past three years, there is absolutely no action from the second respondent to find out the petitioner's husband.

5. Heard the learned counsel for both sides and perused the materials available on record.

6. In view of the above, this Court is inclined to transfer the investigation from the file of the second respondent to the file of the CBCID, Chennai, for further and proper investigation. Accordingly, the entire case diary in Crime No. 150 of 2022 is hereby directed to be withdrawn from the file of the second respondent and transferred to the file 3/5

of the CBCID, Chennai, for further and proper investigation.

7. With the above directions, this Criminal Original Petition is allowed.

18.02.2025 Index:Yes/No kv To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600007.

2. The Inspector of Police (L & O), S-9, Palavanthangal Police Station, St.Thomas Mount, Chennai.

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G.K.ILANTHIRAIYAN, J.

kv 18.02.2025 5/5