S.P.Babu Selvakumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.1660 of 2021 S.P.Babu Selvakumar ... Petitioner/Complainant Vs.

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

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

3.The Inspector of Police, C.B.C.I.D. Wing, Virudhunagar District.

... Respondents/ Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation of the case in Crime No.10 of 2020 from the file of the Inspector of Police, District Crime Branch, Virudhunagar District, to the file of the Inspector of Police, C.B.C.I.D Wing, Virudhunagar District for proceeding further. 1/6

For Petitioner : Mr.R.Anand For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side) O RDER This petition is filed to transfer the investigation in Crime No.10 of 2020 from the file of the Inspector of Police, District Crime Branch, Virudhunagar, to the file of the Inspector of Police, C.B.C.I.D. Wing, Virudhunagar District.

2. The allegation against the accused in this case is job racketing. Three persons were named as an accused in the F.I.R.. One Kannan introducing himself as one of the victim has lodged a complaint. A3 - Rajapandi in this case is a police jeep driver. A1 - Saravana Kumar is a close relative of A3. A2 is the father of A1. A3 used to introduce himself as a P.R.O and his father is an officer of Tirumangalam Municipality and that they are able to provide Government Job in various Departments and Government Organization and from 26.08.2017 till 21.09.2019, they collected Rs.2,73,50,000/-. Believing the words of the accused, the defacto complainant - Kannan, has parted with a sum of Rs. 15,00,000/- for getting a job in HR & CE Department. The transaction 2/6

took place at various places and in the interest of justice, the investigation ought to have been transferred to the file of the third respondent, which is an exclusive wing, having power to move throughout the District for investigation. The present investigation agency failed to collect documents and the fake appointment orders and the details of lands purchased by the accused, with the help of the money received from the victims. The Bank details of the accused have not been scrutinized and the second respondent failed to record the statement of the victims and to enquire the officials in the concerned Departments. Hence, the case in Crime No.10 of 2020 is to be withdrawn from the file of the Inspector of Police, D.C.B., Virudhunagar and the same is to be transferred to the file of the Inspector of Police, C.B.C.I.D, Virudhuangar District.

3. On the side of the prosecution, it is stated that there are totally 63 victim persons and their 161 statements were recorded. The defacto complainant also was added as one of the accused. 161 statements from the witnesses were recorded. Investigation was over and the charge sheet was filed on 15.11.2022 before the Judicial Magistrate No.II, Virudhunagar District and the same was taken on file as C.C.No. 622 of 2022 and the case is posted to 09.05.2023. 3/6

4. In view of the submission made by the prosecution, this Petition is dismissed as infructuous.

NCC : Yes/No Index : Yes/No 27.03.2023 Internet : Yes/No Ls To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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

3.The Inspector of Police, C.B.C.I.D. Wing, Virudhunagar District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.THARANI. J.

Ls 27.03.2023 6/6