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Madras High CourtCRL OP/24143/2022allowed

G.Ramesh v. The Additional Director General Of Police,

2022-10-10Honourable Mr Justice V.Sivagnanam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.24143 of 2022 and Crl.M.P.No.15304 of 2022 G.Ramesh ... Petitioner Vs.

1.The Additional Director General of Police, Economic Offence Wing, SIDCO, Alandur Road, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.

2.The Deputy Superintendent of Police Economic Offence Wing, Coimbatore, Commissioner of Police Campus, Coimbatore.

3.The State rep by its The Inspector of Police Economic Offences Wing II, Coimbatore.

4.The State rep by its The Inspector of Police District Crime Branch, Tiruvallur.

... Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, 1973 to transfer the investigation in Crime No.45 of 2022 on the file of the Inspector of Police, District Crime Branch, Tiruvallur to the third respondent namely the Inspector of Police, Economic Offence Wing II, Coimbatore District and investigate the same along with the Crime No.3 of 2019 pending investigation on the file of the third respondent.

For petitioner : Mr.K.Vasanthanayagan For respondent : Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.45 of 2022 from the file of the Inspector of Police, District Crime Branch, Tiruvallur to the third respondent namely the Inspector of Police, Economic Offence Wing II, Coimbatore District and investigate the same along with the Crime No.3 of 2019 pending investigation on the file of the third respondent.

2. The learned counsel appearing for the petitioner submitted that

on a complaint given by one Muthukumar, the fourth respondent police registered a case against the petitioner and seven others in Crime No.45 of 2022 for defrauding the amount of Rs.10 Crores and it is under investigation. He further submitted that already, the third respondent police had registered an FIR in Crime No.3 of 2019 for the same kind of offence against the petitioner and others and it is also pending for investigation . Therefore, the investigation of the Crime No.45 of 2022 may be transferred from the file of the fourth respondent to the file of the third respondent to investigate the same along Crime No.3 of 2019.

3. The learned Government Advocate (Crl.Side) appearing for the respondents reiterated the fact that the Crime No.45 of 2022 and Crime No.3 of 2019 are under investigation. He further submitted that the petitioner/ accused is involved in many other cases and the third respondent is conducting investigation.

4. Inview of the submissions made by the made by the learned counsel for the petitioner and the learned Government Advocate

(Crl.Side) for the respondents and also considering the facts and circumstances of the case, this Court is of the view that the investigation of different cases against the same accused/ petitioner, under same kind of offences, has to be conducted by one investigating officer, who is now conducting investigation in the previous cases. Therefore, in order to facilitate the investigating officer, it is necessary to transfer the case in Crime No.45 of 2022 from the file of the fourth respondent to the file of the third respondent for conducting investigation along with other cases pending against the petitioner and also to find out the truth.

5. Accordingly, this Criminal Original Petition is allowed and the investigation of Crime No.45 of 2022 is transferred from the file of fourth respondent to the file of the third respondent to conduct investigation along with other cases pending against the petitioner. Consequently, connected miscellaneous petition is closed. 10.10.2022 Index:Yes/No Internet:Yes/No

mst To 1.The Additional Director General of Police, Economic Offence Wing, SIDCO, Alandur Road, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.

2.The Deputy Superintendent of Police Economic Offence Wing, Coimbatore, Commissioner of Police Campus, Coimbatore.

3.The Inspector of Police Economic Offences Wing II, Coimbatore.

4.The Inspector of Police District Crime Branch, Tiruvallur.

5.The Public Prosecutor, Madras High Court.

V.SIVAGNANAM, J.

mst 10.10.2022