← Library
Madras High CourtCRL OP/28554/2015disposed of

E. Azariah v. State Rep By

2016-01-04Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.OP No.28554 of 2015 E.Azariah ..Petitioner Vs 1.State rep. by The Inspector of Police, Velur Police Station, Namakkal District.

[Crime No.662/2012] 2.The Deputy Superintendent of Police, Velur Sub Division, Namakkal District.

..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to transfer the investigation on the file of the Inspector of Police to some other agency like CBCID or any other agency in respect of Crime No.662 of 2012 now pending on the file of the first respondent.

For Petitioner :Mr.S.Swamidoss Manokaran For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to transfer the investigation on the file of the Inspector of Police to some other agency like CBCID or any other agency in respect of Crime No.662 of 2012 now pending on the file of the first respondent.

2. The petitioner is the Manager of M/s.RMK Impex at No.423, N/3H, Madurai Road, Shankar Nagar, Tirunelveli. The said company is dealing with organic fertilizers. While so, one S.V.Raman, proprietor of Naturall Agri World, No.183, Padamudipalayam, behind Parimala Muthammal Thirumana Mandapam, P.Velur - 638 182, approached the petitioner stating that they will supply organic fertilizers to the petitioner company if they deposit Rs.5 lakhs and further Rs.25,000/- as advertisement cost and make dealers of their products. Believing the words of the said S.V.Raman, the petitioner paid the sum by way of cheques which were acknowledged by the said S.V.Raman and receipts were also issued by one Rangasamy, the

Manager of the said company. Thereafter, only two consignments of goods on 24.6.2009 for Rs.1,07,985/- and another on 10.8.2009 for Rs.80,300/- were received by the petitioner. On the basis of the offer of dealership by the said S.V.Raman, the petitioner's company has taken a godown for lease, rented office buildings and employed staff and made provisions for phone and other facilities incurring heavy expenditure. After the second consignment, the petitioner did not receive any goods from the said Raman and there was no word from him. Whenever, the petitioner contacted the said Raman to supply the goods for the balance amount of Rs.3,36,715/-, he gave evasive replies.

The petitioner understood that the said Raman and Rangasamy have misled the petitioner company by false promise and with the intention to cheat, they induced the petitioner to deposit Rs.five lakhs and later changed their company itself to another place and are avoiding any contact with the petitioner company. Hence the petitioner lodged a complaint before the first respondent. As no action has been taken on the said complaint, the petitioner filed Crl.O.P.No0.17588 of 2012 and pursuant to the orders of this Court, a case in Crime No.662 of 2012 was registered for the offences under sections 406, 418 and 420 IPC against the said S.V.Raman, Proprietor and Rangasamy, Manager of the Naturall Agri World. Even thereafter, there is no progress in the investigation of the said case.

Hence unsatisfied with the investigation of the first respondent, the petitioner has come forward with the present petition.

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 vehemently opposed for transfer stating that no valid ground has been raised to transfer the investigation. The only contention of the petitioner is that the first respondent is very lethargic in conducting the investigation and thus sought for transfer of the investigation to some other investigating agency.

5. In view of the submissions made on either side, this court directs the first respondent to expedite the investigation in Crime No.662 of 2012 and complete the same as early as possible, preferably within a period of three months from the date of receipt of a copy of this Order. 6.

The Criminal Original Petition is ordered accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vrc

To:

1. The Inspector of Police, Velur Police Station, Namakkal District.

2.The Deputy Superintendent of Police, Velur Sub Division, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. S. Swamidoss Manoharan, Advocate SR.67 Crl.OP No.28554 of 2015 PPA(CO) EU 22.1.16