Madras High CourtCRL OP/23164/2015disposed of

A.Sridhar v. The Commissioner Of Police

2016-01-29Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.OP No.23164 of 2015 A.Sridhar S/o P.Append Raj No.AA, 147, III Avenue, Anna Nagar, Chennai 600 040 ... Petitioner Vs

1. The Commissioner of Police, Chennai City, Vepery, Chennai 600 007.

2. The Inspector of Police, P-5, MKB Nagar Police Station, Chennai ... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to transfer the investigation in Crime No.577 of 2012 on the file of the Inspector of Police, MKB Nagar Police Station, Chennai to The Central Crime Branch, Egmore, Chennai 600 008 to secure the ends of justice. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the first respondent to transfer the investigation in Crime No.577 of 2012 on the file of the Inspector of Police, MKB Nagar Police Station, Chennai to Central Crime Branch, Egmore, Chennai.

2. The petitioner is a Senior Citizen, aged about 77 years. He was cheated to the tune of Rupees one crore and fifty five lakhs by one Chandrasekar and K.Babu. Hence, the petitioner lodged a complaint to the Inspector of Police, MKB Nagar and the case has been registered FIR in Crime No.577 of 2012 for the alleged offence under Sections 420 and 474 of

I.P.C. Since the amount involved is more than one crore fifty five lakhs, he has come forward with this present petition to direct the first respondent to transfer the investigation in Crime No.577 of 2012 on the file of Inspector of Police, MKB Nagar Police Station to the Central Crime Branch, Egmore, Chennai.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4. The learned Additional Public Prosecutor submitted that in spite of communication sent by him, he has not received any instruction from the respondent.

5. However, considering the factual aspects of this case, this Court is constrained to pass the following Order: i. If the second respondent finds that the chit amount involved is more than one crore and fifty five lakhs, he is directed to forward the F.I.R. in Crime No.577 of 2012 to the first respondent.

ii. The first respondent is directed to transfer the investigation of the case in Crime No.577 of 2012 to the Central Crime Branch, Egmore, Chennai.

The Deputy Commissioner of Police, Central Crime Branch is directed to nominate the competent Investigator to investigate the case and to proceed further in accordance with law. 6.

The Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar srn To:

1. The Commissioner of Police, Chennai City, Vepery, Chennai 600 007.

2. The Inspector of Police, P-5, MKB Nagar Police Station, Chennai.

3. The Commissioner, Central Crime Branch, Egmore, Chennai.

4. The Deputy Commissioner of Police, Central Crime Branch, Egmore, Chennai.

5. The Public Prosecutor, High Court, Madras.

+2cc's to Mr.R.Sankarasubbu, Advocate, S.R.No.5704 & 6307 Crl.OP No.23164 of 2015 VD(CO) CA(11/02/2016)