Mani v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Mani ... Petitioner Vs.

1. State represented by its The Commissioner of Police, Police Commissioner Office, Tiruppur, Tiruppur District.

2. The Inspector of Police, Central Crime Branch, Tiruppur District.

Crime No.10 of 2020 ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.10 of 2023 from the file of the second respondent to some other independent investigation officer with the direction and supervision of first respondent for conducting independent and impartial investigation Crime No.10/2023 on the file of the second respondent. For Petitioner : Mr.P.Kalimuthu For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.10 of 2023 from the file of the second respondent to some other independent investigation officer with the direction and supervision of first respondent for conducting independent and impartial investigation in Crime No.10 of 2023 on the file of the second respondent.

2. The learned counsel for the petitioner submitted that the petitioner gave a complaint against one Madhusudhanan alleging that the said Madhusudhanan had cheated the petitioner to the tune of Rs.4,50,000/- under the guise of running chit. Not only the said Madhusudhanan had involved in the chit, his mother one Vijayalakshmi had also involved in the offence. However, the respondent Police has not added the said Vijayalakshmi as an accused and also not taken steps for attaching the properties for realizing the money deposited by the depositors.

3. In response, the learned Government Advocate (Crl.side) appearing for the respondents submitted that the petitioner gave a complaint only against Madhusudhanan and there is no mention about the role of Vijayalakshmi in the complaint. Only on the basis of the complaint, FIR in Crime No.10 of 2023 for

the offences under Sections 406, 420 IPC and Sections 4(1) and 76(1) of the Chit Funds Act, 1982 was registered. During investigation, the respondent Police brought the said Vijayalakshmi also under the scanner for investigation and the case is being investigated. If there is material to implicate the said Vijayalakshmi, Vishnu and Gunasekaran, the investigation officer would take appropriate steps.

4. In the light of the submissions made by the learned counsel on either side, this Court is of the view that the investigation is proceeding in the right line and there is no need to transfer the investigation.

5. Accordingly, this Criminal Original Petition is disposed of. 27.06.2023 Index:Yes/No Speaking/Non speaking order mn

G.CHANDRASEKHARAN.J., mn To

1. The Commissioner of Police, Police Commissioner Office, Tiruppur, Tiruppur District.

2. The Inspector of Police, Central Crime Branch, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

27.06.2023