P.Angalane v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.29070 of 2022 Mr.P.Angalane Petitioner vs.

1.The Superintendent of Police, CID, Office of the Superintendent of Police, Puducherry.

2.The Superintendent of Police, Central Bureau of Investigation, 26, Shashtri Bhawan, Haddows Road, Chennai.

3.The Inspector of Police, CB-CID Police Station, Puducherry.

(Crime No.12/2022) Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the case in Crime No.12 of 2022 pending on the file of the 3rd Respondent / Inspector of Police , CB-CID, puducherry to the 2nd Respondent / CBI to investigate the matter and file a final report in accordance with law in the interest of Justice.

For Petitioner : Mr.M.Palanivel For Respondents : Mr.K.S.Mohandass Public Prosecutor (Puducherry)

ORDER

This criminal original petition has been filed seeking for the transfer of the investigation in Crime No.12 of 2022 pending investigation before the 3rd respondent to some other investigating agency. 2.The petitioner is a sitting MLA of Puducherry Assembly. The compliant of the petitioner is that the accused person had created, fabricated and forged resembling the seal of the revenue authorities and had also forged their signature and was issuing certificates after receiving huge amounts from the beneficiaries. With these Certificates, the beneficiaries were attempting to get the benefits given by the Government. When this came to the notice of the petitioner, the petitioner immediately had given a complaint against the accused person. The grievance of the petitioner is that there has been absolutely no progress in the investigation by the 3rd respondent and the petitioner is not confident with the manner in which the 3rd respondent is conducting the investigation. In view of the same, this petition has been filed before this Court seeking for appropriate directions.

3.The learned Public Prosecutor (Puduchery) appearing on behalf of the 3rd respondent submitted that the 3rd respondent has effectively conducted the investigation in this case and the statements of all the witnesses have been recorded under Section 161 of Cr.P.C. The learned counsel further submitted that the relevant materials have already been sent for getting expert opinion and immediately on the receipt of the expert opinion, final report will be laid before the concerned Court. The learned Public Prosecutor submitted that there has been absolutely no lapse on the part of the 3rd respondent as alleged by the petitioner.

4.On carefully considering the submissions made on either side, it is seen that the investigation on the part of the 3rd respondent is almost complete, except awaiting for the expert opinion. In view of the same, the 3rd respondent can be directed to lay the final report before the concerned jurisdictional Court, within a period of four weeks from the date of receipt of copy of this order. After the final report is filed, it is always left open to the petitioner to scrutinize the same and if the petitioner is not satisfied with the manner in which the investigation had taken place, it is left open to the petitioner to work out his remedy in the manner known to law.

N. ANAND VENKATESH, . J.

ssr 5.This criminal original petition is disposed of in the above terms. 04.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Superintendent of Police, CID, Office of the Superintendent of Police, Puducherry.

2.The Superintendent of Police, Central Bureau of Investigation, 26, Shashtri Bhawan, Haddows Road, Chennai.

3.The Inspector of Police, CB-CID Police Station, Puducherry.

Crl.O.P No.29070 of 2022