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Madras High CourtCRL OP/10702/2018disposed of

T.Manikandan, M/A 41 Years, v. The State Rep By Its,

2018-04-05Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.10702 of 2018 T.Manikandan Authorized Representative, M/s.Sheenlac Paints Limited, 76-A/1, GKS Estates, Block-B, 11th Cross Street, Ambattur Industrial Estate North, Chennai - 600 098 ... Petitioner/Defacto Complainant vs.

1.State rep by The Commissioner of Police, Greater Chennai Police, Commissioner Office Building, 132, EVK Sampath Road, Vepery, Chennai-600 007.

2.The Deputy Commissioner of Police(CCB), Greater Chennai Police, Commissioner Office Building, 132, EVK Sampath Road, Vepery, Chennai-600 007.

3.The Inspector of Police, Central Crime Branch - Team 3, EDF-II, The Commissioner of Police, Commissioner Office Building, 132, EVK Sampath Road, Vepery, Chennai-600 007 ...Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to transfer the investigation in Crime No.32 of 2018 of Chennai CCBII to the territorial jurisdiction at T2Ambattur Industrial Estate Police Station, Chennai as per the direction of Crl.OP.No.1682 of 2018.

For petitioner :

Mr.P.K.Murali For Respondents: Mr.C.Raghavan, Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.32 of 2018 of Chennai CCBII to the territorial jurisdiction at T2-Ambattur Industrial Estate Police Station, Chennai, as per the direction of Crl.OP.No.1682 of 2018.

2. Pursuant to the directions issued by this Court in Crl.OP.No.1682 of 2018, on the complaint lodged by the petitioner, the Central Crime Branch has registered a case in Crime No.32 of 2018 on 12.03.2018 under Sections 420, 109 and 506(i) IPC against Beeran and three others. The allegation in the complaint is that the accused have cheated the complainant to the tune of Rs.2,54,93,922/-. While so, the complainant has filed the present transfer petition for transferring the investigation from the file of Central Crime Branch, Chennai to the file of T2-Ambattur Industrial Estate Police Station, Chennai.

3. Heard the learned counsel for the complainant.

4. The learned counsel for the complainant submitted that the Investigating Officer is not properly investigating the case and that he is demanding several documents from the complainant. Therefore, the transfer is being sought.

5. The learned Government Advocate (Crl.side) brought to the notice of this Court that the Proceedings of the Commissioner of Police, Chennai City dated 08.06.2017, under which, the case involving more than Rs.50 Lakhs should have been investigated by the Central Crime Branch, Chennai. Since it is common knowledge that the Law and Order Police is ill-equipped to deal with white collar offences.

6. Hence, this is not a fit case to transfer the investigation as prayed for by the petitioner. However, the Assistant Commissioner of Police, Central Crime Branch, Chennai, is directed to supervise the investigation in Crime No.32 of 2018 and complete the investigation expeditiously and file a charge sheet or a closure report as the case may be under due intimation to the defacto complainant.

5. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(CS VII) //True copy// Sub Assistant Registrar

mk/lok To 1.The Commissioner of Police, Greater Chennai Police, Commissioner Office Building, 132, EVK Sampath Road, Vepery, Chennai-600 007.

2.The Deputy Commissioner of Police(CCB), Greater Chennai Police, Commissioner Office Building, 132, EVK Sampath Road, Vepery, Chennai-600 007.

3.The Inspector of Police, Central Crime Branch - Team 3, EDF-II, The Commissioner of Police, Commissioner Office Building, 132, EVK Sampath Road, Vepery, Chennai-600 007.

4.The Assistant Commissioner of Police, Central Crime Branch, Chennai.

5. The Government Advocate(Crl.Side), High Court, Madras.

+3cc to Mr.P.K.Murali, Advocate SR.No.24990 Crl.O.P.No.10702 of 2018 SR(CO) GN(16/04/2018)