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Madras High CourtCRL OP/26016/2019disposed of

T.Nalini v. The Commissioner Of Police,

2019-11-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.26016 of 2019 T.Nalini ..Petitioner Vs

1. The Commissioner of Police, The Commissioner Office, Vepery, Chennai - 600 007.

2. The Inspector of Police, S-3, Police Station, Meenambakkam, Chennai - 600 027.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents herein to take further action based on the petitioner complaint dated 06.09.2019 and investigate the same, as per the averments made in petitioner's complaint and take action as per the law and proceed in accordance with law.

For Petitioner : Mr.K.Gangadaran For Respondents: Ms.V.Saratha Devi Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents herein to take further action based on the petitioner complaint dated 06.09.2019 and investigate the same, as per the averments made in petitioner's complaint and take action as per the law and proceed in accordance with law. 2.It is seen that the value involved in the complaint is over and above Rupees 50 Lakhs and as such, the appropriate authority to investigate the complaint would be the Central Crime Branch.

3.The learned Government Advocate (Crl. Side) would submit that, in view of this pecuniary jurisdiction, the 2nd respondent had closed the petitioner's complaint dated 06.09.2019 on 01.10.2019.

https://hcservices.ecourts.gov.in/hcservices/

4.In my view, such a closure report is not appropriate and the option available to the 2nd respondent would be to have the complaint transfered to the concerned jurisdictional investigating authority instead of closing the same. 5.In the light of the above observations, there shall be a direction to the 1st respondent herein to ensure that the petitioner's complaint dated 06.09.2019 is restored and transferred to the appropriate investigating authority, viz., the Central Crime Branch, Chennai. The 1st respondent shall endevour to complete such an exercise at least within a period of two weeks from the date of receipt of copy of this order. Thereafter, the concerned Investigation Officer under the Central Crime Branch, Chennai shall take further course of action in accordance with law as expeditiously as possible. 6.Accordingly,this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar ssr/sbn To

1. The Commissioner of Police, The Commissioner Office, Vepery, Chennai - 600 007.

2. The Inspector of Police, S-3, Police Station, Meenambakkam, Chennai - 600 027.

3.The Investigation Officer, Central Crime Branch,Chennai.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Gangadaran, Advocate, S.R.No. 93942 Crl.O.P.No.26016 of 2019 KJ(CO) GN(03/12/2019) https://hcservices.ecourts.gov.in/hcservices/