A.T.Thilagavathy v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.26821 of 2024 and Crl.M.P.No.14877 of 2024 A.T.Thilagavathy Represented by her Attorney Mr.P.Saravanan (vide General Power of Attorney dated 15.12.2018) ... Petitioner Vs.

1. The Superintendent of Police Chengalpattu District Hospital Road, Bypass Road, Chengalpattu - 603 002 (Near Vidhyasagar College)

2. The Inspector of Police Central Crime Branch -II (DCB-II) Chengalpattu District (Crime No.3/2024)

3. The Director General of Police (Crime) CBCID, Egmore, Chennai - 600 008 ... Respondents 1/6

Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to withdraw and transfer the investigation in Crime No.3 of 2024 to the 3 rd respondent from the file of the 2 nd respondent.

For Petitioner : Mr.Balaji Sankara Moorthy For Respondents : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner for transfer of investigation in Crime No.3 of 2024 to the 3 rd respondent from the file of the 2 nd respondent.

2. The learned counsel for the petitioner submitted that it is a case of creation of forged documents and cheating whereby, the accused persons colluded themselves and by impersonation and fraudulent documents, executed several transactions in respect of the the subject property and thereby, cheated the defacto complainant and also attempted to grab the defacto complainant's property. Hence, based on the complaint given by the petitioner, the FIR in 2/6

Crime No.3 of 2024 was registered. The contention of the petitioner is that there are 39 accused in this case. However, only 3 of the accused have been arrested so far and rest of the accused have not been secured. The further contention is that, some of the accused had filed anticipatory bail petitions before this Court and the same were dismissed and once again, one of them, approached the Sessions Court seeking anticipatory bail and the same was also dismissed. Despite the same, the 2 nd respondent police have not secured those accused persons. Hence, the present petition is filed seeking transfer of investigation.

3. Heard both sides and perused the materials available on record.

4. It is seen that there are 39 accused in this case and so far, only 3 of the accused have been arrested. Further, despite the anticipatory bail petitions of some of the accused have been dismissed by this Court as well as by the Court below, the 2 nd respondent police have not secured them, which clearly shows that the 2 nd respondent police is not conducting the investigation fairly. 3/6

Under these circumstances, this Court is of the opinion that, if the 2 nd respondent police is allowed to conduct the investigation, there may not be a fair investigation.

5. Since there are valuable grounds for transfer of investigation, the 1 st respondent is directed to withdraw the case file from the 2 nd respondent police and handover the same to the 3 rd respondent forthwith.

6. On receipt of the case file, the 3 rd respondent is directed to expedite the investigation and file charge sheet within a period of six months from the date of receipt of the case file and also file action taken report before this Court.

7. With the above directions, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed. 27.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Superintendent of Police Chengalpattu District Hospital Road, Bypass Road, Chengalpattu - 603 002 (Near Vidhyasagar College)

2. The Inspector of Police Central Crime Branch -II (DCB-II) Chengalpattu District

3. The Director General of Police (Crime) CBCID, Egmore, Chennai - 600 008 5/6

P.VELMURUGAN. J.

Ksa-2 27.11.2024 6/6