Madras High CourtCRL OP/13860/2020disposed of

Paulina v. The Commissioner Of Police

2020-09-07Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13860 of 2020 Paulina, W/o. Dilip, No.20/25, Rajamangalam 1st Street, Villivakkam, Chennai-600 049 ... Petitioner/Defacto Complainant Vs.

1. The Commissioner of Police, Vepperi, Chennai-600 007 2.State by The Inspector of Police, V-4, Rajamangalam Police Station (Crime Branch), Chennai.

(Crime No.688 of 2015) ... Respondents/Resopondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, praying to transfer the investigation of the above said case in Crime No.688 of 2015 on the file of the 2nd respondent herein. The Inspector of Police, V-4, Rajamangalam Police Station(Crime Branch), Chennai to the file of the Superintendent of Police, CBCID, Chennai or any other competent investigating agency for proper investigation and report before the competent Court.

For Petitioner : Mr.R.Ramamoorthy For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor for R1

O R D E R

This petition has been filed seeking a direction to transfer the investigation of the above said case in Crime No.688 of 2015 on the file of the 2nd respondent herein. The Inspector of Police, V-4, Rajamangalam Police Station(Crime

Branch), Chennai to the file of the Superintendent of Police, CBCID, Chennai or any other competent investigating agency for proper investigation and report before the competent Court. 2.It is averred that the petitioner lodged a complaint alleged that she was returning to his house along with her son, after his schooling on 09.10.2015, the accused while riding the two wheeler, snatched 8 sovereigns of Thali chain and escaped from the place of occurrence. After registering the complaint, simply it was kept in cold storage without conducting any enquiry. Further, he averred that specifically stated that the vehicle two wheeler was used by the accused and even then the second respondent did not conduct enquiry about the same and it is pending for the past 4 1⁄2 years.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that the case of chain snatching on 09.10.2015 on receipt of the complaint from the petitioner, the second respondent registered a case in Crime No.688 of 2015 for the offence under Section 379 IPC. After passed 4 1⁄2 years it is pending as undetectable one and the second respondent is searching for accused.

4.Considering the above facts and circumstances and also the case is of chain snatching, the second respondent is not able to find out the accused. Therefore, transfer of investigation from the second respondent to any other investigation agency would not serve any purpose to the petitioner. However, the second respondent is directed to complete the investigation in Crime No.688 of 2020 as expeditiously as possible. The Assistant Commissioner of Police, Villivakkam is directed to monitor the investigation conducted by the second respondent.

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

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar vsn To 1.The Commissioner of Police, Vepperi, Chennai 600 007.

2.The Inspector of Police, V-4, Rajamangalam Police Station, Crime Branch, Chennai - 600 100. (Crime No. 688/2015)

3. The Public Prosecutor High Court, Madras.

4.The Assistant Commissioner of Police, Villivakkam.

Crl.O.P.No.13860 of 2020 SR(CO) GN(07/10/2020)