V.Kalaiyarasan v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7232 of 2019 V.Kalaiyarasan .. Petitioner Vs.
1. The Director General of Police, O/o.Director General of Police, Kamarajar Salai, Chennai.
2. The Superintendent of Police, Office of the Superintendent of Police, Cuddalore District.
3. The Inspector of Police, District Crime Branch, Cuddalore.
.. Respondents Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to transfer the case in Crime No.7 of 2018 on the file of the 3rd respondent Police to CBCID or any other agency to investigate the same. For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.C.Raghavan, Government Advocate (Crl.side)
O R D E R
This Criminal Original Petition has been filed seeking direction to the 1st respondent to transfer the investigation in Crime No.7 of 2018 pending on the file of the 3rd respondent to CBCID or any other investigation agency.
2.It is seen that the petitioner has got introduced with one Sofia and Murugadoss, who came to know through his friend by name Ravichandran. The petitioner is running a training centre. On the false promise of the said Sofia and Murugadoss, the petitioner has introduced 16 persons and paid a total sum of Rs.1,63,000/- to Sofia and Murugadoss, who promised to procure a
job for the persons at Food Corporation of India. After receiving the amount, they have arranged training and also issued training certificate, service form, employment legal joint letter, joining letter, ID Card and permanent ID cards etc in the name of Food Corporation of India. Since no appointment letters have been received, the persons who gave money approached the Food Corporation of India and it came to light that the said Sofia and Murugadoss are no way connected with Food Corporation of India and the documents and ID cards issued by them were fake. Hence, the petitioner lodged a complaint against the accused persons and a case was registered in Crime No.7 of 2018 for the offences punishable under Section 465, 467, 468, 471, 420 and 120(B) IPC.
3.The main grievance of the petitioner is that though the accused persons got arrested, subsequently they were released on bail on condition to deposit Rs.1 crore to the credit of crime number. But, the said order was not complied with and she has been absconded. Though, the case has been registered in 2018, till now the respondent police have not secured the accused and there is no progress in the investigation. Hence, he has filed the present petition with the aforesaid prayer. 4.The learned Additional Public Prosecutor submitted a status report filed by the Inspector of Police, District Crime Branch, Cuddalore and stated that the investigation is in progress. A1 and A3 have been arrested and released on bail. However, A2 is absconding and his whereabouts were not known. He further submitted that some more witness have to be examined.
Hence, he vehemently opposed for transfer of the investigation. 5.Considering the facts and circumstances of the case and on perusal of the status report filed by the Additional Public Prosecutor, the 3rd respondent is directed to complete the investigation and file a final report within a period of five months from the date of receipt of copy of this order. The 2nd respondent is also directed to monitor the investigation and also ensure that the 3rd respondent completes the enquiry and files the final report within five months.
6.With the above directions, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm
To
1. The Director General of Police, O/o.Director General of Police, Kamarajar Salai, Chennai.
2. The Superintendent of Police, Office of the Superintendent of Police, Cuddalore District.
3. The Inspector of Police, District Crime Branch, Cuddalore.
4. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.7232 of 2019 SJ(CO) SSM(29/05/2019).