M/S.L And T Financial Services Limited, Rep By Its Authorized Officer, Mr.J.Vijayaraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.6336 of 2022 M/s.L & T Financial Services Limited Rep. by its Authorised Officer Mr.J.Vijayaraj Having branch office at 1st floor, No.2-8, Bharathiar Road Dr.NRN Layout, P.N.Palayam Coimbatore - 37 ... Petitioner/Defacto Complainant Vs.

The State Rep. by The Inspector of Police Central Crime Branch Coimbatore Crime No.270 of 2016 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to file a final report in Crime No.270 of 2016 against the accused, to file final report/Charge Sheet of the case.

For Petitioner : Mr.V.Balasubramani For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition filed is under Section 482 of Cr.P.C., seeking for a direction, to direct the respondent police to file a final report in Crime No.270 of 2016, for the offence u/s.468, 471, 420 I.P.C. against the accused. 2.The main grievance of the petitioner is that F.I.R. in Crime No.270 of 2016 has been registered for the offence u/s.468, 471, 420 I.P.C. and no investigation so far has been conducted in this case. He added that the complaint is filed for misappropriation of funds by the accused to the tune of Rs.48 lakhs.

2.The learned Government Advocate (Crl. Side) appearing for the respondent police did not dispute the fact that the complaint has been filed in the year 2016, however, investigation in this case has not been done so far. 3.Though, this Court vide its order dated 27.06.2022 passed a specific order to the Superintendent of Police to appear before this Court today and explain about the delay in conducting investigation, Mr.V.Badrinarayanan, the Superintendent of Police (Rural) Coimbatore did not appear before this Court at the instructions of the Superior Officer, particularly, the Inspector General of Police, Coimbatore. Hence, his appearance before this Court today is hereby dispensed with.

4.Mr.G.S.Madhavan, the Deputy Commissioner of Police, North Coimbatore City appeared before this Court on behalf of the Superintendent of Police (Rural) Coimbatore and submitted that the C.D. file of this case had been misplaced and the same has now been traced out. He added that necessary departmental action has been initiated against the Investigation Officer and Mrs.P.S.Sujatha, the Inspector of Police C-2, Race Course, has been appointed as a new Investigating Officer to conduct further investigation in this case and to file a final report. 5.As the new Investigation Officer in the rank of Inspector has already been appointed by the police department, this Court is inclined to dispose of this matter with a direction to the newly appointed Inspector to conduct a fair investigation and to file a final report within a period of six (6) months. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kas To 1.The Inspector General of Police, Coimbatore.

2.The Deputy Commissioner of Police, North Coimbatore City, Coimbatore 3.The Inspector of Police Central Crime Branch Coimbatore Crime No.270 of 2016 4.The Inspector of Police C-2, Race Course,Coimbatore.

5.The Public Prosecutor High Court of Madras Chennai 600 104.

CRL.O.P.No.6336 of 2022 gpl(CO) A.SK(18/07/2022)