Sekar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26673 of 2015 Sekar.

... Petitioner Vs

1. The State, Rep by the Superintendent of Police, Vellore, Vellore District.

2. The State Rep by the Inspector of Police, K.V.Kuppam Police Station, Vellore District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the case in Crime No. 256 of 2013 pending investigation on the file of K.V.Kuppam Police Station to CBCID or some other competent agency.

For Petitioner : Mr.G.Vinodhkumar, For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking to transfer the case in Crime No. 256 of 2013 pending investigation on the file of K.V.Kuppam Police Station to CBCID or some other competent agency.

2. The case of the petitioner is that during night time on 10.10.2013, when the wife of the petitioner woke up to drink water, she found that the back door of the house broke open and the bureau was found to be ransacked. Later, the petitioner made

verification and found that the jewels weighing about 130 sovereigns and cash of Rs. 3,30,000/- were missing. Therefore, the petitioner being the defacto complainant, lodged a complaint which was registered as Crime No. 256/13 for the offences punishable under Sections 482 and 380 I.P.C. on 11.10.2013. However, on enquiry, the petitioner came to know that the accused was not traced out by the police till date and since, there has been a lapse of two years and there is no progress in the case, the present petition has been filed, seeking to transfer the case in Crime No. 256 of 2013 pending investigation on the file of K.V.Kuppam Police Station to CBCID or some other competent agency.

3. The learned Additional Public Pleader appearing for the respondents submitted that the matter is pending for enquiry since the accused is not traceable.

4. Considering the facts and circumstances of the case, since the respondents are conducting the investigation and in view of the submission of the learned Additional Public Pleader for the respondents that the accused is not traceable, this Court is inclined to pass the following order: "The respondent Police is directed to expedite the investigation and complete the same in accordance with law, preferably within a period of six months from the date of receipt of the copy of this order. The 1st respondent - Superintendent of Police is directed to monitor the investigation.

5. With the above direction, this criminal original petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rms/suk

To

1. The Superintendent of Police, Vellore, Vellore District.

2. The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Vinodhkumar, Advocate, S.R.No.63666 Crl.O.P.No. 26673 of 2015 TM(CO) CA(15/12/2015)