Rengarajan Naidu v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rengarajan Naidu ... Petitioner Vs.

1.The Director General of Police, State of Tamil Nadu, Dr.Radhakrishnan Salai, Chennai.

2.The Additional Director General of Police, Trichy Region, Race Course Road, Trichy.

3.The Superintendent of Police, Pudukottai District,Pudukottai.

4.The Inspector of Police, Mandaiyur Police Station, Pudukottai District.

5.S.Varadharajan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to transfer the investigation pending in Crime No.64 of 2021 on the file of the fourth respondent police station to any other investigating authority for proper enquiry.

For Petitioner : Mr.R.Murali For Respondents : Mr.Thanga Aravindh Government Advocate (crl.side)

ORDER

Heard the learned counsel on either side. Considering the nature of relief to be granted, issuance of notice to the fifth respondent is dispensed with. The petitioner had assumed charge as trustee of the petition mentioned temple on 09.11.2020. Till then, the fifth respondent was the trustee. The petitioner alleges that during the time when the fifth respondent was at the helm of affairs misappropriation of temple funds has taken place. According to the petitioner, in order to escape from the consequences, the fifth 1/3

respondent rushed to the fourth respondent and lodged a complaint as if some temple staff have misappropriated the funds. Based on the same, Crime No.64 of 2021 was registered. The petitioner further alleges that since the fifth respondent is the defacto complainant, the fourth respondent has not even enquired the matter. Therefore, this writ petition came to be filed for transferring the investigation.

2.When the matter was taken up for hearing, the learned Government Advocate submitted that the case has since been transferred to the file of the District Crime Branch, Pudukottai. The Inspector of Police, District Crime Branch, Pudukottai is directed to expedite the investigation and file final report. I clarify that the Inspector of Police, DCB, Pudukottai is obliged to enquire all the persons concerned and file final report on merits and in accordance with law within a period of four months from the date of receipt of copy of this order.

3.With this direction, this writ petition is disposed of. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) skm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Director General of Police, State of Tamil Nadu,Dr.Radhakrishnan Salai, Chennai. 2.The Additional Director General of Police, Trichy Region, Race Course Road, Trichy.

3.The Superintendent of Police, Pudukottai District. 4.The Inspector of Police, Mandaiyur Police Station, Pudukottai District. 2/3

5.The Inspector of Police, District Crime Branch, Pudukottai. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.MURALI, Advocate ( SR-2158[F] dated 24/01/2022 ) 21.01.2022 RK(10/02/2022) 3P 8C 3/3