Madras High CourtCRL OP/22622/2018disposed of

S. Elango v. Inspector Of Police,

2018-09-242 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22622 of 2018 S.Elango .. Petitioner Vs 1.Inspector of Police, Central Crime Branch EDF-III, Vepery, Chennai.

2.Krishnan 3.Kalpana 4.Kuppusamy .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying for a direction to transfer the case in Cr.No.85 of 2014 (on the file of the 1st respondent) from the 1st respondent to any other investigation agency, such as CBCID, CBI or other such investigation agency.

For Petitioner : Mr.M.Dinesh Hari Sudarsan For 1st Respondent: Mrs.M.Prabhavathi, APP

O R D E R

This petition has been filed by the de facto complainant to transfer the case in Crime No.85 of 2014 from the file of the 1st respondent to any other investigating agency such as CBCID, CBI or other investigation agency.

2.The learned counsel for the petitioner has submitted that the petitioner has lodged a complaint before the 1st respondent on 25.06.2013 stating that the respondents 2 to 4 have committed offence punishable under Section 406, 420 r/w 120 IPC. He further submitted that after repeated requests, the 1st respondent has registered a case in Crime No.85 of 2014 on 05.05.2014 and thereafter, no steps has been taken and hence, the petitioner has filed Crl.O.P.No.47 of 2016 to expedite the investigation and file Final Report as expeditiously as possible. Even thereafter, no steps has been taken by the 1st respondent and hence, the petitioner has filed another petition in Crl.O.P.No.7289 of 2017 and when the said petition came up for hearing, the learned Additional Public Prosecutor has submitted that investigation would be completed within a period of two months and Final Report will be filed before the https://hcservices.ecourts.gov.in/hcservices/

concerned Court and recording the same, this Court has disposed of the said petition on 13.06.2017. Even thereafter, the 1st respondent has not taken any steps to complete the investigation and hence, he requests to transfer the investigation to some other agency.

3.The learned Additional Public Prosecutor has submitted that the delay has occurred for getting expert's opinion and now, the investigation is almost over and the Final Report will be filed within two weeks.

4.Considering the aforesaid submission, the 1st respondent is directed to file Final Report within two weeks from the date of receipt of a copy of this order. In case, the 1st respondent fails to comply with the said order, it is open to the petitioner to move for contempt petition.

With the aforesaid direction, this petition is disposed of. -s/d- Deputy Registrar True Copy Sub-Assistant Registrar gya To 1.Inspector of Police, Central Crime Branch EDF-III, Vepery, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Adeesh Anto, Advocate sr 65880.

CRL.O.P.No.22622 of 2018 SP(11/10/2018) https://hcservices.ecourts.gov.in/hcservices/