Usharani v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2016
CORAM
THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.6338 of 2016 Usharani .. Petitioner .. Vs ..
State rep. by its,
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7.
2. The Deputy Commissioner of Police, CCB, Chennai.
3. The Deputy Commissioner of Police, Economic offence Wing, Anna Nagar, Chennai.
4. The Inspector of Police, CCB, Team-V, Chennai.
.. Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first respondent to take appropriate action on the complaint of the petitioner dated 16.12.2015 in Crime No.165/2015 and also transfer the case to Economic Offence Wing, Anna Nagar, Chennai, for further investigation.
For Petitioner : Mr.V.Ganesh For Respondents: Mr.C.Emalias, Additional Public Prosecutor
ORDER
The petitioner has come forward with this petition seeking for a direction directing the first respondent to take appropriate action on the complaint of the petitioner dated 16.12.2015 in Crime No.165/2015 and also transfer the case to Economic Offence Wing, Anna Nagar, Chennai, for further investigation.
2. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case in Crime No.165/2015 has been registered on 16.12.2015 for the offences punishable under Sections 406 and 420 r/w. 34 of IPC. The accused have conducted chit business and 56 persons are the subscribers and the chit amount involved is to the tune of Rs.2,60,00,000/- (Two Crores and Sixty Lakhs only). So, the third respondent is a competent person to investigate the matter and hence, the petitioner has come forward with this petition for the above stated relief.
3. The learned Additional Public Prosecutor would submit that during the investigation, they came to know that 56 persons are the subscribers in the chit business and the chit amount involved is Rs.1,55,88,271/- (Rupees One Crore Fifty Five Lakhs Eighty Eight Thousand and two hundred and seventy one only). It is further submitted that in this matter, investigation is going on and this case is related to TANPID Act.
4. Considering the facts and circumstances of the case, this Court is of the view that it is a fit case for giving direction to transfer the case to the file of third respondent herein from the file of fourth respondent. Accordingly, the case in Crime No.165 of 2015 is transfered to the file of third respondent herein viz., Deputy Commissioner of Police, Economic Offence Wing, Anna Nagar, Chennai. The fourth respondent is directed to transmit the entire records to the third respondent and the third respondent is directed to investigate the matter and file a final report as expeditiously as possible.
5. With the above directions, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar Jrl
To
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7.
2. The Deputy Commissioner of Police, CCB, Chennai.
3. The Deputy Commissioner of Police, Economic offence Wing, Anna Nagar, Chennai.
4. The Inspector of Police, CCB, Team-V, Chennai.
5. The Additional Public Prosecutor, High Court, Madras. + 1 cc to Mr.V. Ganesh, Advocate SR.18158 CRL.O.P.No.6338 of 2016 SR(CO) EU 06.04.16