K.Parameshwaran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.9334 OF 2022 K.Parameshwaran

...Petitioner / Defacto

Complainant Vs.

1.The Commissioner of Police Tambaram Police Commissioner Office 42/1, Medavakkam Main Road Sholinganallur Chennai 600 119 2.The Inspector of Police S-14, Peerkankaranai Police Station Kamaraj Nagar, New Perungalathur Chennai

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents' police to transfer the F.I.R.No.749 of 2021 pending on the file of 2nd respondent to any other investigation agency.

For Petitioner :

Mr.C.Vijayakumar For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition filed is under Section 482 of Cr.P.C., to direct the respondents' police to transfer the F.I.R. in Crime No.749 of 2021 pending on the file of 2nd respondent to any other investigation agency. 2.The main grievance of the petitioner is that despite the F.I.R. in Crime No.749 of 2021 for the offence u/s.457 and 380 I.P.C. was registered on 15.12.2021, investigation in this case has not been proceeded and the case has not reached its logical end. Hence, seeks for a direction of transferring the said F.I.R.

3.Mr.A.Gokulakrishnan, the learned Additional Public Prosecutor for the respondents would submit that it is a case theft of 25 sovereigns of gold jewellery from the house of the defacto complainant. F.I.R. has been registered in Crime No.749 of 2021 for the offence u/s.457 and 380 I.P.C Despite the finger print lifted from the place of the occurrence, the accused is yet to be traced. The respondent police are taking every effort in their capacity to see that the case reaches its logical end.

4. In such view of the matter, mere delay in conducting the investigation is not at all a ground for seeking transfer. This petition is without merits. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar kas To 1.The Commissioner of Police Tambaram Police Commissioner Office 42/1, Medavakkam Main Road Sholinganallur Chennai 600 119 2.The Inspector of Police S-14, Peerkankaranai Police Station Kamaraj Nagar, New Perungalathur Chennai 3.The Public Prosecutor, High Court of Madras.

Chennai - 600 104.

CRL.O.P.No.9334 of 2022 AK-II(CO) RVM(13/07/2022)