K.S.Gopinath v. The Director General Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7855 of 2019 K.S.Gopinath ... Petitioner/Defacto Complainant Vs 1.The Director General of Police, State of Tamilnadu, No.1, Radhakrishnan Salai, Mylapore, Chennai 600 004.

2.The Superintendent of Police, Kanchipuram District, Thaiyar Kullam, Kanchipuram 631 501.

3.The Inspector of Police, Sriperumbudur Police Station, Govinda Mettu Street, Sriperumbudur, Kanchipuram 602 105.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents police to transfer the FIR No.482 of 2018 pending on the file of 3rd respondent to Inspector of Police, Central Crime Branch, Chennai.

For Petitioner : Mr.C.Vijayakumar For Respondents: Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the respondents police to transfer the FIR No.482 of 2018 pending on the file of 3rd respondent to Inspector of Police, Central Crime Branch, Chennai.

2.Heard the learned Counsel for the petitioner and learned Government Advocate (Crl. Side) for the respondents. 3.The case of the prosecution is that the petitioner was a retired Government servant who wanted to invest all his

retirement benefits into some business. The petitioner upon the honey coated words of one Mr.Selvam the petitioner has started a private limited company in the name and style of "M/s.Scelta Logistics Private Limited" incorporated on 09.05.2014 having its Office at Bangalore.

The petitioner invested nearly Rs.60,00,000/- for the administrative the petitioner imported furniture worth about 28,000 USD, approx. Rs.18.48,000/-, Air conditioners Worth Rs.3,50,000/- and other Warehouse machineries worth of Rs.3,00,000/- and software worth Rs.6,00,000/- and purchased new Innova Car for Rs.21,60,000/- etc., the above all facilities for operation of new administrative office and Mrs.Sangeetha was in charge for the above. The petitioner's attempt to contact them through phone, e mail and other sources miserably failed. The petitioner was unable to reach them, and they were absconding. The petitioner has lodged a complaint with the 2nd respondent on 28.06.2017, the 2nd respondent directed the 3rd respondent for necessary action and report within 10 days. The petitioner submits that after repeated follow-up by the petitioner and his counsel after a delay of about 5 months on 02.08.2018 the 3rd respondent registered a FIR in Crime No.482 of 2018. Hence, the petitioner filed this Criminal Original Petition.

4.Considering the facts and circumstances, this Court is not inclined to transfer the investigation and the third respondent is directed to complete the investigation and file a final report in Crime No.482 of 2018 within a period of eight weeks from the date of receipt of a copy of this order. The second respondent is directed to monetar the investigation and also ensure that the third respondent shall complete the trial and file final report within a period of three months in Crime No.482 of 2019.

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

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

To 1.The Director General of Police, State of Tamilnadu, No.1, Radhakrishnan Salai, Mylapore, Chennai 600 004.

2.The Superintendent of Police, Kanchipuram District, Thaiyar Kullam, Kanchipuram 631 501.

3.The Inspector of Police, Sriperumbudur Police Station, Govinda Mettu Street, Sriperumbudur, Kanchipuram 602 105.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Vijaya Kumar, Advocate sr.38007 Crl.O.P.No.7855 of 2019 nmi(co) nr 14/05/2019