K.Rajasekar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2018

CORAM:

THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.O.P.No.15971 of 2013 K.Rajasekar ... Petitioner Vs.

1. The Superintendent of Police, Vellore, Vellore District.

2. The Superintendent of Police, CBCID, Guindy, Chennai.

3. The State Rep.by Inspector of Police, Arcot Town Police Station, Vellore District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Criminal Procedure Code praying to withdraw the investigation in Crime No.608 of 2013 before the third respondent and transfer the same to the second respondent.

For Petitioner : Mr.Sharath Chandar For Respondents : Mr.T.Shunmugarajeswaran Government Advocate (Crl.side)

ORDER

This petition is filed to withdraw the investigation in Crime No.608 of 2013 before the third respondent and transfer the same to the second respondent.

2. The petitioner is the defacto complainant in Crime No.608 of 2013 of Arcot town Police Station, Vellore district. The contention of the petitioner in his complaint dated 25.03.2013 is that one Ramesh and Rajasekar promised him to secure a job in the Railways and also received a sum of rupees six lakhs from him. According to the complainant a bogus appointment order allegedly issued by the Railways was given to

him. It is also the contention of the petitioner that the said persons had cheated not only him but also several other persons.

3. The learned counsel for the petitioner contended that though the Inspector of Police, Arcot town Police Station arrested three persons in connection with Crime No.608 of 2013 did not proceed further and that the investigation is still pending before the concerned police station without any progress. Therefore he prayed for transferring the investigation in crime no.608 of 2013 to CBCID Guindy.

4. The learned Government Advocate (criminal side) would contend that since the accused persons are from northern part of India, Police are finding it difficult to secure the other accused. This reason assigned by the Government Advocate (Criminal side) cannot be accepted, especially when it is alleged by the complainant that the accused in Crime No.608 of 2013 had cheated not only him but also several other persons.

5. In the above said facts and circumstances, the Inspector of Police, District Crime Branch, Vellore is directed to investigate the matter pending in Crime No.608 of 2013 and the Superintendent of Police, Vellore is directed to monitor the investigation and send a final report as early as possible preferably within six months from the date of receipt of a copy of this order. With the above directions the criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-IX) // True Copy// Sub Assistant Registrar dpq To

1. The Superintendent of Police, Vellore, Vellore District.

2. The Superintendent of Police, CBCID, Guindy, Chennai.

3. The Inspector of Police, Arcot Town Police Station, Vellore District.

4. The Inspector of Police , District crime Branch, Vellore.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Senthil murugan, Advocate, sr. no.55443 Crl.O.P.No.15971 of 2013 RR(CO) RMP(26/09/2018)