Geetha v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Geetha.

... Petitioner/Complainant /versus/

1. The Commissioner of Police, Annadhanapatty, Salem - 2.

2. The Inspector of Police, Central Crime Branch Police Station, Salem City.

Crime No.26 of 2023.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, pleased to transfer the investigation in Crime No.26 of 2023 on the file of the 2nd respondent police to CBCID, Salem or any other competent agency. For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to transfer the investigation in Crime No.26 of 2023 on the file of 2nd respondent police to any other 1/4

competent agency.

2. The affidavit filed in support of this petition indicates that the 2nd respondent police has not taken any steps to recover the defrauded amount from the accused persons and they have not examined the prime witnesses, though sufficient material been placed before them that by reprinting the tickets already sold, the accused persons misusing the Login ID and Password of the Ticket Booking software had misappropriated nearly Rs.93,03,108/-.

3. A detailed counter been filed by the Inspector of Police, CCB, Salem, wherein, the action taken on the complaint been narrated. From the counter, this Court finds that prime witnesses already been examined, two of the accused persons were arrested. The material collected during the investigation been sent for forensic analysis. It is also stated that investigation been conducted in the fair and impartial manner and it is in preliminary stage and therefore, there no necessity to transfer the case to any other Investigating Agency. The counter filed by the Inspector of Police, CCB, Salem sufficiently discloses the line of investigation and the progress in the investigation.

4. This Court finds that there is no necessity to transfer the investigation except to direct the 2nd respondent police to complete the 2/4

investigation within a period of three months.

5. With this observation, this Criminal Original Petition is disposed of.

19.10.2024 Index : Yes/No : Yes/No bsm To:-

1. The Commissioner of Police, Annadhanapatty, Salem - 2.

2. The Inspector of Police, Central Crime Branch Police Station, Salem City.

3. The Public Prosecutor, High Court, Madras. 3/4

Dr.G.JAYACHANDRAN, J bsm 19.10.2024 4/4