P.Kumar v. The State Rep.By Its, The Superintendent Of Policec

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

1. P.Kumar

2. K.Manjunathan ... Petitioners Vs.

1. The State rep. by its The Superintendent of Police District Police Office, Vengikkal Tiruvannamalai - 606 604

2. The Inspector of Police District Crime Branch Tiruvannamalai District

3. The Additional Director General of Police CBCID, Chennai - 600 008 ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to transfer the investigation in FIR No.5 of 2024 dated 19.02.2024 from the file of the 2 nd respondent police to the 3 rd respondent and consequently, direct the 3 rd 1/6

respondent to appoint an officer to conduct the investigation considering the complaint lodged by the petitioners and file a final report within a time frame fixed by this Court.

For Petitioners : Mr.Roshan Attq M For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioners seeking transfer of investigation in FIR No.5 of 2024 dated 19.02.2024 from the file of the 2 nd respondent police to the 3 rd respondent and consequently, direct the 3 rd respondent to appoint an officer to conduct the investigation considering the complaint lodged by the petitioners and file a final report within a time frame to be fixed by this Court.

2. The case of the petitioners is that one Murugan who is a police constable along with one Subramani and Hemamalilni, under the guise of arranging Government Jobs, received a sum of Rs.47,00,000/- from the 2/6

petitioners and 10 others and thereafter, they neither arranged any job nor returned the money. Hence, based on the complaint given by the petitioners and the other victims, the FIR in Crime No.5 of 2024 was registered by the second respondent police for the offence under Sections 420 IPC. However, the real culprit has not been shown as an accused and only the said Subramani and Hemamalilni have been shown as accused. The said Murugan is a police constable in Tiruvannamalai District and his uncle is a Sub-Inspector posted in the office of the first respondent and therefore, the second respondent police have not made the said Murugan as an accused. Therefore, the petitioners have lost hope that the second respondent would conduct a fair investigation. Hence, the present petition is filed for transfer of investigation.

3. The learned Government Advocate (Crl. Side) appearing for the respondents submitted that there are totally 14 victims in this case and that they are conducting investigation. However, so far no one has been secured and the alleged accused has not been implicated.

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4. Therefore, the second respondent police is directed to hand over to case files immediately to the Superintendent of Police, Salem. In turn, the Superintendent of Police, Salem shall entrust the case to any one of the Officers under his control who has to complete the investigation and file charge sheet within a period of three months thereafter.

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

02.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Superintendent of Police District Police Office Vengikkal Tiruvannamalai - 606 604

2. The Inspector of Police District Crime Branch Tiruvannamalai District

3. The Additional Director General of Police CBCID, Chennai - 600 008

4. The Public Prosecutor High Court of Madras Copy to The Superintendent of Police, Salem.

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P.VELMURUGAN. J.

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