Jayasimha@Bobby Simha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13377 of 2020 Jayasimha @ Bobby Simha S/o L.Ramakrishna 2/369, Ashramam Avenue Garden Road Manapakkam, Chennai - 600 124.

... Petitioner Vs.

State Rep by its The Inspector of Police Manapakkam Police Station Chennai.

(Crime No.50/2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to transfer the Crime No.50 of 2019 on the file of the respondent police to either Additional Commissioner of Police, Central Crime Branch, Chennai or Inspector General of Police, CBCID, Madras for taking effective investigation in this matter.

For Petitioner : No Appearance For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to transfer the Crime No.50 of 2019 on the file of the respondent police to either Additional Commissioner of Police, Central Crime Branch, Chennai or Inspector General of Police, CBCID, Madras for taking effective investigation in this matter.

2.It is averred in the petition that on the complaint lodged by the petitioner, the respondent police registered the case in FIR No.50 of 2019 for the offences punishable under Sections 420, 406, 467 and 468 of IPC, as against the accused person. Even till today, the respondent police did not conduct enquiry and the complaint has been simply kept in cold storage. Further, the respondent did not take any steps to secure the accused, even though he committed very serious offence. 3.The learned Additional Public Prosecutor would submit that https://hcservices.ecourts.gov.in/hcservices/

due to Covid-19 pandemic situation the respondent could not be able to complete the investigation. He further submitted that the accused person moved anticipatory bail petition before this Court and this Court directed the respondent to issue notice under Section 41A of Cr.P.C., and conduct enquiry. Accordingly, the respondent sent notice to the accused person. Even then he did not appear before the respondent police for investigation and as such the investigation is still pending. 4.Considering the above facts and circumstances of the case, transfer of investigation from the file of the respondent police would not be helpful to the petitioner since already the respondent herein started investigation and investigation is under progress. However, the respondent is directed to complete the investigation and file final report before the concerned jurisdictional Court, by following the directions issued by this Court in Crl.O.P.No.7945 of 2019 dated 01.04.2019, within a period of 12 weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Jer To 1.The Inspector of Police Manapakkam Police Station Chennai.

2.The Public Prosecutor High Court of Madras.

Crl.O.P.No.13377 of 2020 AJS(CO) RMP(21/10/2020) https://hcservices.ecourts.gov.in/hcservices/