Madras High CourtCRL OP/3780/2025disposed of

Sagunthala v. State Rep.By Its, The Superintendent Of Police,

2025-02-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sagunthala ... Petitioner Vs

1. State Rep.By Its, The Superintendent of Police, Kancheepuram District.

2. State Rep.By, Its, The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

Now Transfered To State Rep.By Its, The Inspector of Police, B-7, Ponnerikarai Police Station, Kancheepuram District.

3. State Rep.By Its, The Inspector of Police, CBCID, Kancheepuram District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation in Cr.No.884 of 2023 dated 02.08.2023 pending on the file of the second respondent to the third respondent.

For Petitioner : Mr.D.Dayalan For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for direction directing the first respondent to transfer the investigation in Cr.No.884 of 2023 dated 02.08.2023 pending on the file of the second respondent to the third respondent.

2. Heard the learned counsel on either side and perused the materials placed on record.

3. The petitioner is the defacto complainant and lodged a complaint as against her own son alleging that there is a property dispute and the accused had stolen the jewels of the petitioner and also original documents of the property owned by her husband including Aadhar card and other valuable documents. Further, already there is a direction to complete the investigation and file a final report. Further, the anticipatory bail in favour of the accused was thereafter dismissed on the ground that the accused failed to comply with the condition. Even then, the second respondent did not take any steps to secure him.

4. The learned Government Advocate (Crl.side) appearing for the respondents submitted that now the second respondent is taking all steps to secure the accused, since the anticipatory bail filed by the accused was dismissed by this Court in Crl.O.P.No.21238 of 2023 on 17.12.2024. The second respondent is also about to complete the investigation and will file a final report within the time stipulated by this Court.

5. In view of the above, the transfer of investigation in Cr.No.884 of 2023 would not serve any purpose and it would affect the entire investigation already done by the second respondent. Therefore, the second respondent is directed to proceed as against the accused in accordance with law and complete the investigation in Cr.No.884 of 2023 and file a final report as directed by this Court.

6. With the above directions, this Criminal Original Petition stands disposed of.

13.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Superintendent of Police, Kancheepuram District.

2. The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

Now Transfered To State Rep.By Its, The Inspector of Police, B-7, Ponnerikarai Police Station, Kancheepuram District.

3.The Inspector of Police, CBCID, Kancheepuram District.

4.The Public Prosecutor, High Court, Madras.

13.02.2025