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Madras High CourtCRL OP(MD)/510/2019dismissed

Dhanalakshmi v. The Superintendent Of Police,

2019-03-07Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.510 of 2019 Dhanalakshmi ... Petitioner /Defacto Complainant /Vs./ 1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Solavanthan Police Station, Madurai District. 3.The Inspector of Police, CBCID, Madurai District.

... Respondents / Respondents Prayer: Petition - filed under Section 482 of the Criminal Procedure Code, to transfer the investigation in Crime No.209 of 2018 on the file of the 2nd respondent to the 3rd respondent. For Petitioner : Mr.C.Susi kumar For Respondents : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

This criminal original petition is filed seeking transfer of the investigation in Crime No.209 of 2018 from the 2nd respondent to the 3rd respondent. The said case is registered for the offence under Sections 420, 406, 294(b), 324 and 506(i) IPC.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor .

3. The acquaintance of the allegation of the petitioner is that she had pledged her 18 sovereign jewelleries with a certain Nationalized Bank and thereafter, she entered into an understanding with the accused persons that the accused would redeem the said jewellery and would re-pledge the same with another private financier and take the cash for her.

4. The whole idea of re-pledging is that the nationalized bank with whom the petitioner had pledged the jewellery charged higher rate of interest than the private financier. Since the last occasion when the case came before this Court on 07.02.2019, this Court directed that the Deputy Superintendent of Police,

Samayanallur to oversee the investigation and file his status report, the status report is filed today.

5. In substance, it is stated in the status report that the accused persons have been arrested and that despite efforts have been taken, jewellery could not be retrieved. However, in the context of the allegation made in the FIR, this Court finds that the investigation appears to be on the right track for the present. Atleast no material has emerged to suspect the course adopted by the investigating agency for the present. There is no merit in this petition.

Accordingly, this criminal original petition is dismissed.

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-) To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Solavanthan Police Station, Madurai District.

3.The Inspector of Police, CBCID, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in Crl.O.P.(MD)No.510 of 2019 SP/08.04.2019/2P/5C

Dated:

07.03.2019