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Madras High CourtCRL OP(MD)/3388/2020disposed of

Vr. Natarajan v. The Principal Secretary

2022-04-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN & Crl.M.P(MD)No.1775 of 2020 VR.Natrajan ... Petitioner Vs.

1. The State of Tamil Nadu, represented by the Principal Secretary, Department of Home, Secretariat, Fort St.George, Chennai.

2. The Director General of Police, Government of Tamil Nadu, O/o. Director General of Police, Chennai.

3. The Deputy Superintendent of Police CBCID, O/o. Superintendent of Police CBCID, Madurai District, Madurai.

4. The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar District, Virudhunagar.

5. The Inspector of Police, Soolakarai Police Station, Virudhunagar District, Virudhunagar.

6. Maharajan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the fourth respondent to withdraw the case in Crime No.101 of 2018, dated 04.04.2018 registered under Section 379 of the Indian Penal Code on the file of fifth respondent and entrust the same to third respondent for investigation of the case by a Competent Officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court.

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For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.1 to R.5

ORDER

This Criminal Original Petition has been filed to direct the fourth respondent to withdraw the case in Crime No.101 of 2018, dated 04.04.2018 registered under Section 379 of the Indian Penal Code on the file of fifth respondent and entrust the same to third respondent for investigation of the case by a Competent Officer and file a final report before the Jurisdictional Magistrate.

2. The case of the prosecution is that on 02.04.2018, the petitioner assigned one of his employees, namely, Maharajan, the sixth respondent herein to check the hall mark value of the jewels, which are worth of 750 grams including 11 gold chains and one gold ring and one gold biscuit. Thereafter, he had taken the said jewels to Madurai by bus. The sixth respondent had lost the jewels and claimed itself as a theft. However, the petitioner had a doubt against the sixth respondent and lodged a complaint stating specific allegations as against the sixth respondent. However, the fifth respondent registered an FIR against the unnamed person. Therefore, this Court directed the petitioner to appear before the fifth respondent for enquiry. Accordingly, the petitioner appeared before on 25.02.

2010 and after recording the statement from the petitioner the fifth respondent, issued summons to the sixth respondent for appearance. However, the sixth respondent is now absconding on receipt of the summons from the fifth respondent. Therefore, the fifth respondent has taken steps to secure the sixth respondent.

3. In view of the above, the fifth respondent is directed to form a special team and take appropriate action as against the sixth respondent and complete the investigation as expeditiously as possible.

4. With this direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

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 Principal Secretary, Department of Home, Secretariat, Fort St.George, Chennai.

2. The Director General of Police, Government of Tamil Nadu, O/o. Director General of Police, Chennai.

3. The Deputy Superintendent of Police CBCID, O/o. Superintendent of Police CBCID, Madurai District, Madurai.

4. The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar District, Virudhunagar.

5. The Inspector of Police, Soolakarai Police Station, Virudhunagar District, Virudhunagar.

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

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-16822[F] dated 06/04/2022 ) Crl.O.P(MD)No.3388 of 2020 & Crl.M.P(MD)No.1775 of 2020 05.04.2022 mga USK/21.04.2022/3P/8C 3/3