Vimala Jennings v. Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.24907 OF 2021 Mrs.Vimala Jennings

...Petitioner

Versus

1.The Deputy Commissioner of Police, No.1, P Block, 6th Avenue, Anna Nagar, Chennai - 40.

2.The Assistant Commissioner of Police, Thirumangalam Police Station, 3.State rep. by The Inspector of Police, V5, Police Station,

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.607 of 2021 on the file of the third respondent to some other agency.

For Petitioner :

Mr.P.Paramasiva Doss For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to transfer the investigation in Crime No.607 of 2021 on the file of the third respondent to some other agency.

2.The petitioner and her husband residing in London and had invested a sum of Rs.34,00,000/- with the accused on the premise that they would be made as partners. Despite received the money, neither made them as partners nor returned the money.

The petitioner on several occasion had requested the accused for return of money. The petitioner had been diverted the money for the personal benefit of the accused and the same has been used by the accused. The respondent police though had registered a complaint for the offence under Sections 406 and 420 IPC, had not taken any serious steps in continuing with the investigation to secure the accused for recovering money. The petitioner is now in United Kingdom, taking advantage of the same, the respondent police have not taken any action against the accused person.

3.The learned Additional Public Prosecutor submits that the petitioner has to appear before the respondent police so that statement can be recorded and the veracity of the documents to be verified, for that reason alone the investigation is pending. He further submitted that all necessary steps taken to secure the accused and to recover the defaulted money. 4.Considering the submissions and on perusal of the materials, it is seen that though the case has been registered on 11.09.2021 and investigation is in progress. The apprehension of the petitioner is that the respondent police have not properly conducted investigation. In view of the same, the second respondent/ the Assistant Commissioner of Police, Thirumangalam, Chennai is directed to monitor the investigation and the third respondent police is directed to complete the investigation without any delay.

5.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar ah To 1.The Deputy Commissioner of Police, No.1, P Block, 6th Avenue, Anna Nagar, Chennai - 40.

2.The Assistant Commissioner of Police, Thirumangalam Police Station,

3.The Inspector of Police, V5, Police Station, 4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.K.Sahithya, Advocate Sr.No.296 CRL.O.P.No.24907 of 2021 GPL(CO) RVM(28/01/2022)