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Madras High CourtCRL OP/31872/2022disposed of

S.P.Jagadeesan v. The Superintendent Of Police

2022-12-23Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.P.Jagadeesan ...

Petitioner Vs.

1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, District Crime Branch, Erode District, Erode.

3.The Joint Director of South CBI, Subba Road Avenue, Thousand Lights, Chennai - 6.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the second respondent to transfer investigation in Crime No.14 of 2020 pending on the file of the second respondent to the third respondent and to investigate the case and file a final report within the time stipulated by this Court.

For Petitioner : Mr.S.Angamuthu For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent to transfer the investigation in Crime No.14 of 2020 pending on the file of the second respondent to the third respondent and to investigate the case and file a final report within the time stipulated by this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. The learned counsel for the petitioner submitted that the complaint has been registered as early as in the year 2020; subsequently, it has been transferred to the District Crime Branch and new Crime Number has been assigned in Crime No.14 of 2020; thereafter also there was no progress and the case is still pending.

4. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that the investigation is almost completed and the charge sheet will be filed shortly. He further submitted that the

investigation cannot be completed fully because of the lack of co-operation on the side of the petitioner.

5. The only grievance of the petitioner is that for the complaint given by him in the year 2020, the investigation is still pending without any progress. It is seen that the petitioner had given complaint by stating that a sum of Rs.83,00,000/- deposited by the petitioner's two sons along with 15 persons were looted and they have been cheated for a sum of Rs.83,00,000/-. In the offence of this magnitude, the respondent police ought to have taken steps to expedite the investigation and complete the same. So far as this petitioner is concerned, he has submitted that he entrusted the relevant documents to the investigating agency and nothing much to be added in his statement before the respondent police. In that case, the second respondent can complete the investigation and file a charge sheet within a period of two months from the date of receipt of a copy of this order.

6. In the result, this Criminal Original Petition is disposed. Index: Yes/No 23.12.2022 Internet: Yes/No gsk

R.N.MANJULA ,J.

gsk To 1.The Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, District Crime Branch, Erode District, Erode.

3.The Joint Director of South CBI, Subba Road Avenue, Thousand Lights, Chennai - 6.

4.The Public Prosecutor, High Court, Madras.

23.12.2022