Venkatesan v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4649 of 2020 Venkatesan ... Petitioner Vs.

1.The Deputy Commissioner of Police, CCB - Cyber Crime Wing (2nd Floor), Veppery, Chennai-600 007 2.The Inspector of Police, CCB Team-II, Veppery, Chennai-600 001 ... Respondents PRAYER: Criminal Original Petition filed under Sections 407 & 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.75 of 2019 on the file of the second respondent and transfer the same to the first respondent who in turn dispute an officer not below the rank of Inspector of Police to investigate the case and file a final report.

For Petitioner : Mr.K.Thenrajan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for change of investigation in Crime No.75 of 2019 on the file of the second respondent to the other investigation agency. 2.

The learned counsel appearing for the petitioner submitted that the petitioner is a financier and he lent money to produce a tamil movie called '0 Kilometer'. The petitioner so far paid a sum of Rs.1,51,45,000/-. The

accused person also cheated various persons like the petitioner and received a huge sum for making the tamil movie. Thereafter the accused person did not shoot any film as assured by him. When the petitioner demanded to return his money from the accused, he was threatened by the accused person by dire consequences. Though the second respondent enquired all the persons who have lent money to the accused person, so far the accused is not arrested by the second respondent.

3.

The learned Additional Public Prosecutor would submit that though the persons who lent money have been examined by the second respondent, the petitioner did not even disclose to whom the money was entrusted to produce the tamil movie '0 kilometer' starring the actor Arya. However, they are going to complete the investigation. 4.

Considering the above facts and circumstances of the case, at these circumstances, the change of investigation would affect the entire investigation. Therefore, the change of investigation cannot be considered at this stage. However, the second respondent is directed to complete the investigation in Cr.No.75 of 2019 and file final report within a period of six months from the date of receipt of copy of this Order. The Assistant Commissioner to the second respondent i.e. Inspector of Police, CCB Team-II, Veppery is directed to monitor the investigation done by the second respondent and also ensure that the second respondent shall comply with the order passed by this Court.

5.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Deputy Commissioner of Police, CCB - Cyber Crime Wing (2nd Floor), Veppery, Chennai-600 007.

2.The Assistant Commissioner of Police, CCB-Cyber Crime Wing (2nd Floor), Veppery, Chennai-600 007.

3.The Inspector of Police, CCB Team-II, Veppery, Chennai-600 001

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4649 of 2020 ad[co] srg 01/07/2020