C.Sumathi v. State Of Tamil Nadu Rep.By The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN C.Sumathi ... Petitioner Vs.
1. The Commissioner of Police Greater Chennai City Police 132, Commissioner Office Building E.V.K.Sampath Road Vepery, Chennai
2. The Joint Director (Central Bureau of Investigation) 3rd Floor, EVK Sampath Building College Road Chennai - 600 006
3. The Superintendent of Police Crime Branch -Criminal Investigation Department CB CID Complex 24, Pantheon Road Egmore, Chennai - 600 008 1/8
4. The Deputy Commissioner of Police Zone XI, Greater Chennai City Police Koyambedu, No.4-109, 4th Floor Sales Tax Office Building Varadharajapuram Nazarathpet, Chennai - 600123
5. The Inspector of Police Koyambedu Police Station (in Cr.No.218/2024) Chennai City ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the 1st respondent to transfer the investigation in Crime No.218 of 2024 pending before the 5 th respondent to the 2 nd or 3 rd respondent for conducting fair investigation and consequently, direct them to file a final report within the stipulated time limit as fixed by this Court. For Petitioner : Mr.A.Prasanna Rajadurai For Respondents 1, 3 to 5 : Mr.S.Sugendran Additional Public Prosecutor For 2 nd Respondent : Mr.K.Srinivasan Special Public Prosecutor 2/8
ORDER
This Criminal Original Petition has been filed by the petitioner/defacto complainant to direct the 1 st respondent to transfer the investigation in Crime No.218 of 2024 pending on the file of the 5 th respondent to the 2 nd or 3 rd respondent for conducting fair investigation and consequently, direct them to file a final report within the stipulated time limit as may be fixed by this Court.
2. The case of the petitioner is that the FIR in Crime No.218 of 2024 came to be registered on 11.04.2024 by the 5 th respondent police, based on the complaint given by the petitioner for the offences under Section 406, 420, 468, 471 of IPC against unknown persons regarding production of fabricated document before the Court. Thereafter, the petitioner requested certain details under RTI for which, the 4 th respondent provided irrelevant informations in order to mislead the petitioner and to cover up the offenders and failed to perform fair investigation. The petitioner also approached the 1 st respondent and made a representation to take appropriate action for fair investigation and 3/8
to secure the accused. However, there was no notable progress in the investigation. On the other hand the accused persons who were highly influential and with the help of other government officials in the revenue, registration and other departments have been committed a grave crime of forgery and manipulation of Government Stamp Seal, records and signatures and aided the accused to commit fraud in the Court and Court process. When the petitioner cried for justice, the 5 th respondent police simply replied that the matter is of civil in nature and the petitioner has to settle the issue amicably. Therefore, the intervention of this Court to transfer the investigation of the case in Crime No.218 of 2024 from the file of the 5 th respondent, to any other Investigating Agency for effective remedy is just and necessary.
3. Heard both sides and perused the materials available on record.
4. It is seen that based on the complaint given by the petitioner, the FIR in Crime No.218 of 2024 was registered by the 5 th respondent police on 11.04.2024. Since the petitioner was not summoned for enquiry or for 4/8
recording statement, the petitioner sought for certain details under the Right to Information Act two months after the registration of the FIR. However, the Investigating Officer had not given any proper reply regarding the investigation instead, they have asked the petitioner as to whether the said FIR is pending with the jurisdiction police, which itself clearly shows that without even verification, they have given reply to the petitioner under the Right to Information Act and also raised certain enquiries with the petitioner which shows that the 5 th respondent is not interested to investigate the case and if the th respondent is allowed to continue the investigation, there may not be a fair investigation and there is possibility of taking revenge against the petitioner since the petitioner approached this Court and made some allegations against them.
5. Under these circumstances, in order to ensure fair investigation, the 5 th respondent police is directed to hand over the case files to the 3 rd respondent and in turn, the 3 rd respondent is directed to hand over the case files to the 5/8
concerned Inspector of Police, CBCID. However, the 3 rd respondent is directed to monitor the investigation.
6. With the above directions, this Criminal Original Petition is disposed of.
28.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The Commissioner of Police Greater Chennai City Police 132, Commissioner Office Building E.V.K.Sampath Road Vepery, Chennai
2. The Joint Director (Central Bureau of Investigation) 3rd Floor, EVK Sampath Building College Road Chennai - 600 006 6/8
3. The Superintendent of Police Crime Branch -Criminal Investigation Department CB CID Complex 24, Pantheon Road Egmore, Chennai - 600 008
4. The Deputy Commissioner of Police Zone XI, Greater Chennai City Police Koyambedu, No.4-109, 4th Floor Sales Tax Office Building Varadharajapuram Nazarathpet, Chennai - 600123
5. The Inspector of Police Koyambedu Police Station Chennai City
6. The Public Prosecutor High Court of Madras 7/8
P.VELMURUGAN. J.
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