Nallathambi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Nallathambi ... Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, District Crime Branch, Dindigul District.

3.The Inspector of Police, Office of the Inspector of Police, District Crime Branch, Dindigul District.

4.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Economic Offences Wing II, Dindigul - 624001.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent No.1 to withdraw the case in crime No.39 of 2022 on the file of the respondent No.3 and entrust the same to the respondent No.4 for complete the investigation and file charge sheet within the time stipulated by this court.

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For Petitioner : Mr.R.Alagumani For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent No.1 to withdraw the case in crime No.39 of 2022 on the file of the respondent No.3 and entrust the same to the respondent No.4 for complete the investigation and file charge sheet within the time stipulated by this Court.

2. Now the grievance of the petitioner is that several crore of rupees have been cheated by the accused person and so far no recovery was made and no arrest has been effected.

3. The Inspector of Police is present before this Court and stated that totally there are nine accused. Out of the above said nine accused, the accused Nos.4, 5, 9 and 7 have been granted anticipatory bail by this Court in Crl.O.P(MD) No.1519 of 2023, dated 07.03.2023 and A1 to A3 are absonding and A6 and A8 were arrested. All the accused are the family members of the first accused.

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4. According to the learned counsel for the petitioner, only the Economic Offences Wing is the competent and empowered to conduct this investigation, since several crore of rupees have been cheated by the accused.

5. The learned additional Public Prosecutor would submit that so far the victims No.1 to 3 have been examined and amount does not cross the sealing amount. The amount involved in this case is only Rs.2,20,00,000/-. But during the course of investigation, many victims are coming and if the amount is exceeds the above said amount, the matter may be transferred to Economic Offences Wing, for which, recommendation or letter may be forwarded to the competent authority.

6. I find no reason to transfer the investigation at this stage. Let the above said investigation be completed within five months from the date of receipt of copy of this order.

7. With the above said direction, this Criminal Original Petition stands disposed of.

26.06.2023 Index : Yes/No Internet:Yes/No indu 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, District Crime Branch, Dindigul District.

3.The Inspector of Police, Office of the Inspector of Police, District Crime Branch, Dindigul District.

4.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police, Economic Offences Wing II, Dindigul - 624001.

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

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G.ILANGOVAN, J., indu 26.06.2023 5/5