← Library
Madras High CourtCRL OP/27650/2015ordered

P.T.Kadhirvelu v. The Director General Of

2015-11-17Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.27650 of 2015 P.T.Kadhirvelu ... Petitioner/Defacto Complainant Vs

1. The Director General of Police, Santhome, Chennai.

2. The Commissioner of Police, Vepery, Egmore, Chennai.

3. The Inspector of Police, V-1, Villivakkam Police Station, Villivakkam, Chennai.

(Crime No.858/2015) ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in Crime No.858 of 2015 pending on the file of the Inspector of Police (Crime), VI, Villivakkam Police Station, the third respondent herein, to the file of the Inspector of Police, Economic Offences Wing or Central Crime Branch, Chennai and to file a final report in accordance with law.

For Petitioner :

Mr.H.Rajasekar For respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to transfer the investigation from the third respondent to the file of the Inspector of Police, Economic Offences Wing or Central Crime Branch, Chennai and to file the final report.

2. The case of the petitioner is that the petitioner joined the chit conducted by one Narayaswamy and his wife on the basis of the promises made by them and invested a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10 lakhs (Rs.50,000/- per month). The petitioner has also paid the entire instalments through cheques. When he demanded the money back, the accused paid a sum of Rs.1,00,000/-(Rupees One Lakh only) and promised to pay the balance amount within a short span of time. Since the accused had not paid the same for quite a long time and on enquiry, the petitioner found that the accused had earlier misappropriated the money from more than 100 depositors, he lodged a complaint before the third respondent on 20.10.2015. The third respondent has registered the case in Crime No.858 of 2015 for offences under Section 406 and 420 of IPC.

3. Learned counsel for the petitioner would submit that the amount involved in this case is more than Rs.5,00,000/-, the petitioner seeks transfer of investigation to Economic Offences Wing or Central Crime Branch, Chennai.

4. I have considered the submissions made on either side.

5. Considering the factual aspects, I am of the view that the present petition filed by the petitioner could be transferred to Central Crime Branch, Chennai. Accordingly, the case is Crime No.858 of 2015 is transferred to the file of Central Crime Branch, Chennai and the Deputy Commissioner of Central Crime Branch is directed to depute the concerned investigating officer for further investigation in this case. This petition is ordered accordingly.

smi s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To 1.The Director General of Police, Santhome, Chennai. 2.The Commissioner of Police, Vepery, Egmore, Chennai. 3.The Inspector of Police, V-1, Villivakkam Police Station, Villivakkam, Chennai.

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

5.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.H.Rajasekar, Advocate SR 62260 (co) prk27/11 Crl.O.P.No.27650 of 2015 https://hcservices.ecourts.gov.in/hcservices/