R.Babu, 47 Yrs, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.28872 of 2017 R.Babu .. Petitioner .Vs.

1. The Commissioner of Police, Chennai City, Chennai-600 007.

2.The Inspector of Police, M.6, Madavaram Milk Colony Police Station, Chennai-600 051.

..Respondents (Crime No.666 of 2017) PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the case in Crime Number 666 of 2017 on the file of Inspector of Police, M.2 Madhavaram Milk Colony Police Station from the hands of Deepak Kumar, Inspector of Police, Manali to some other Investigating Agency.

For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.C.Raghavan, Government Advocate

ORDER

This Criminal Original Petition has been filed seeking to transfer the investigation in Cr.No.666 fo 2017, pending on the file of the 2nd respondent.

2. The learned counsel for the petitioner submitted that initially when the complaint was given by the petitioner, even though it made out a cognizable offence, the respondent Police did not register an FIR and therefore the petitioner approached this Court and only after directions were given by this Court, the 2nd respondent registered an FIR in Cr.No.666 of 2017. The learned counsel further submitted that the accused persons had taken away a sum of Rs.3 lakhs by way of extortion. Subsequent to the registration of the FIR Rs.1.70 lakhs was

returned to the petitioner and the accused person continue to retain a sum of Rs.1.30 lakhs. The learned counsel concluded his arguments by submitting that the respondent Police have not effectively investigated this case and they have not recovered the balance amount from the accused person.

3. The learned Government Advocate appearing on behalf of the respondent Police submitted that the investigation is pending and that the same will be completed within the short time.

4. Taking into consideration the facts and circumstances of the case there shall be a direction to the 2nd respondent to complete the investigation in Cr.No.666 of 2017, within a period of three months from the date of receipt of copy of the order. It goes without saying that whatever has to be recovered from the accused person shall be recovered in the course of the investigation and the same shall be submitted before the concerned Court.

This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To

1. The Commissioner of Police, Chennai City, Chennai-600 007.

2.The Inspector of Police, M.6, Madavaram Milk Colony Police Station, Chennai-600 051.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sankarasubbu, Advocate sr.54393 Crl.OP No.28872 of 2017 nr 31/07/2019