S.Mohammed Farook v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Mohammed Farook ... Petitioner Vs.

1.The Superintendent of Police, Perambalur District.

2.The Deputy Superintendent of Police, Perambalur.

3. State, Represented by the Inspector of Police, Maruvathur Police Station, Perambalur District.

(Crime No.61 of 2023) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973 to transfer the investigation in Crime No.61 of 2023 from the third respondent to CB CID, Perambalur or any other concerned Police authorities.

For Petitioner :

Ms.D.Kamatchi For Respondents :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for transfer of investigation pending on the file of the third respondent in Crime No.61 of 2023 to some other Investigation Agency.

2. When the matter came up for hearing on 11.08.2023, this Court passed the following order:

"Mr.A.Damodaran, learned Additional Public Prosecutor takes notice on behalf of the respondents.

2.The learned Additional Public Prosecutor on instructions submitted that the complaint was made by stating that the amount that was cheated by the accused persons runs only to a Lakh of rupees. However, in the course of investigation, it is found that more than 50 Lakhs has been cheated and hence, steps are being taken to transfer the investigation from the file of the 3rd respondent to the file of the District Crime Branch, Perambalur. Therefore, the learned Additional Public Prosecutor sought for some time to file a status report in this case.

3.Post this case on 14.09.2023."

3. When the matter was taken up for hearing today, a status report was filed by the third respondent. It is seen from the status report that the investigation has now been transferred to the District Crime Branch, Perambalur on 07.09.2023 through the proceedings of the Superintendent of Police, Perambalur dated 23.08.2023. The relevant proceedings were also placed before this Court.

4. In the light of the above development, there shall be a direction to the District Crime Branch, Perambalur to proceed further with the investigation effectively and to file a final report as expeditiously as possible not less than four months from the date of receipt of a copy of this order.

5. This Criminal Original Petition is disposed of accordingly. 14.09.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji / apd

To 1.The Superintendent of Police, Perambalur District.

2.The Deputy Superintendent of Police, Perambalur.

3. The Inspector of Police, Maruvathur Police Station, Perambalur District.s

4. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

vji / apd Crl.O.P.No. 18349 of 2023 14.09.2023