S.Durgadevi v. The Additional Director Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9212 of 2025 S.Durgadevi ....

Petitioner Vs

1. The Additional Director of Police, EOW Wing, No 2, Natesan Salai, PTC, Ashok Nagar, Chennai 600 083

2. The Inspector General of Police EOW Wing, No 2, Natesan Salai, PTC, Ashok Nagar, Chennai 600 083

3. The Superintendent of Police EOW Wing, No 2, Natesan Salai, PTC, Ashok Nagar, Chennai 600 083

4. The Deputy Superintendent of Police Namakkal 637001

5. The Inspector of Police Namakkal 637001.

....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation in Crime No. 1 of 2023 on the file of the Inspector of police, EOW Namakkal, 5th respondent herein to any other investigation officer or investigation agency.

For Petitioner : Mr.S.Makesh For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking transfer of investigation in Crime No.1 of 2023 from the file of the fifth respondent to any other investigating agency.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner is one of the victim. Based on the complaint, the fifth respondent registered an FIR in Crime No.1 of 2023 for the offences under Sections 420, 406 of IPC and Section 5 of Tamil Nadu Protection of Interest of Depositors Act, 1997, as against six accused. They also identified .........property worth about Rs........ They

also sent a proposal for attaching the property belongs to the accused persons. Insofar as the investigation is concerned, it is completed and about to file a final report. Under this circumstances, transferring the investigation from the file of the fifth respondent to any other investigating agency, it would affect the entire investigation conducted by the fifth respondent.

4. In view of the above, this Court is not inclined to transfer the investigation in Crime No.1 of 2023 from the file of the fifth respondent to any other investigating agency. However, the fifth respondent is directed to file a final report within a period of twelve weeks from the date of receipt of a copy of this order. The third respondent is directed to monitor the investigation done by the fifth respondent and shall ensure that the direction issued by this Court to be complied with. The District Revenue Officer, Namakkal, is directed to take steps to attach the property, which are already identified and the proposal sent by the fifth respondent, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petiion

stands disposed of.

27.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Additional Director of Police, EOW Wing, No 2, Natesan Salai, PTC, Ashok Nagar, Chennai 600 083

2. The Inspector General of Police EOW Wing, No 2, Natesan Salai, PTC, Ashok Nagar, Chennai 600 083

3. The Superintendent of Police EOW Wing, No 2, Natesan Salai, PTC, Ashok Nagar, Chennai 600 083

4. The Deputy Superintendent of Police Namakkal 637001

5. The Inspector of Police

Namakkal 637001.

6. The Public Prosecutor, High Court, Madras.

Copy to :

The District Revenue Officer, Namakkal.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.9212 of 2025

27.03.2025