Thangakannu, v. State Rep. By The Inspector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5857 of 2016 Thangakannu .. Petitioner Vs.

State rep. by The Inspector of Police, S11, Thambaram Police Station, Chennai.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.1152 of 2014 on the file of the respondent to some other investigation agency for further investigation in Crime No.1152 of 2014. For Petitioner : Mr.M.Soundar Vijay Arulram For Respondent : Mr.C.Emalias Addl. Public Prosecutor

O R D E R

The petitioner has come forward with this petition to transfer the investigation in Crime No.1152 of 2014 on the file of the respondent to some other investigation agency for further investigation.

2. The learned counsel for the petitioner submitted that on the basis of the complaint given by the petitioner, a case has been registered against the accused in Crime No.1152 of 2014 for the offence punishable under Section 379 of IPC on the file of the respondent police. But the respondent police has not shown any interest to investigate the matter. Hence, he prays for transfer of investigation from the respondent police to any other agency.

3. Heard the learned Additional Public Prosecutor appearing for the respondent.

4. Considered the rival submissions made by both sides and perused the typed set of papers.

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5. On 02.07.2014, when the petitioner is travelling in a bus bearing Registration No.TN.19B 2291 from Vathalakundu to Chennai, he was in possession of Rs.4,84,000/-. But, at the time when the bus reached Perungalathur, the said amount was missed. Immediately, he gave a complaint on the file of the respondent police, for which CSR.No.630 of 2014 has been assigned and after due enquiry, a case has been registered in Cr.No.1152 of 2014 under Section 379 of I.P.C. Now the petitioner has stated that the respondent police has not shown any interest to investigate the matter and file a final report. Hence he sought for transfer of investigation from the file of the respondent police to any other agency. But as per the complaint, the amount of Rs.

4,84,000/- has been missed, while he was travelling from Vathalakundu to Chennai and the name of the accused is not known. In such circumstances, no purpose will be served in transferring the investigation from the file of the respondent police to any other agency. However, the respondent police is directed to investigate the matter and to file a final report as expeditiously as possible.

6. With the above direction, the Criminal Original Petition is disposed of.

kkd s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, S11, Tambaram Police Station, Chennai.

2.The Public Prosecutor High Court, Chennai.

rv(co) prk29/3 Crl.O.P.No.5857 of 2016 https://hcservices.ecourts.gov.in/hcservices/