Madras High CourtCRL OP/3833/2016disposed of

P.Mohan v. The Superintendent Of Police

2016-02-22Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3833 of 2016 P.Mohan .. Petitioner Vs.

1.The Superintendent of Police Salem District.

2.Inspector of Police Alagapuram police station Salem District.

.. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the investigation pending on the file of the second respondent in Crime No.255 of 2014 to any other independent investigation agency not below the rank of Deputy Superintendent of Police.

For Petitioner :M/S.Karan and Uday For Respondent :Mr.C.Emalias Addl. Public Prosecutor

ORDER

This petition is filed to transfer the investigation pending on the file of the second respondent in Crime No.255 of 2014 to any other independent investigation agency not below the rank of Deputy Superintendent of Police.

2.Learned counsel for the petitioner submits that on the basis of the complaint given by the petitioner, a case has been registered in Crime No.255 of 2014 on the file of the second respondent on 19.07.2014 for the offences under Sections 294(b), 420 and 506(ii) IPC. He further submits that the accused persons have committed fraud and thereby, caused loss to the petitioner to the tune of Rs.11,00,000/-. Even now, the accused persons have committed the same offence. But the respondents have not shown any interest to file a final report. Hence, petitioner has come forward with this petition for the above stated relief.

3.During argument, learned counsel for the petitioner fairly conceded that a direction may be given to the second respondent to investigate the matter and that can be supervised by the Deputy Superintendent of Police.

4.Heard both sides.

5.Considering the submissions made by both sides, the second respondent is directed to investigate the matter as expeditiously as possible and the jurisdictional *Assistant Commissioner of Police is directed to monitor the investigation and file the final report within a period of six months from the date of receipt of a copy of this order.

6.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS IV) Dated:08/03/2016 *Corrected as per the order of this Court dated 08/09/2016 Sd/- Assistant Registrar(CS-V) Dated:26/09/2016 //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police To be substituted to Salem District. the order already despatched on 23.3.2015 2.Inspector of Police and made herein Alagapuram police station Salem District.

*3.The Assistant Commissioner of Police, Alagapuram Police Station, Salem District Limits.

*4.The Deputy Commissioner of Police, Salem District.

5.The Public Prosecutor High Court, Chennai.

*+1cc to Mr.Karan and Uday, Advocate Sr.51006 Crl.O.P.No.3833 of 2016 sns[co] prk 9/3 srg 29/09/2016