M.Ramesh v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2770 of 2024 M.Ramesh

...Petitioner

vs 1.The Commissioner of Police, Trichy City, Trichy District.

2.The Inspector of Police, City Crime Branch, Trichy District.

Crime No.15 of 2023

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Respondents to file the final report in Crime No.15 of 2023 dated 17.09.2023 pending on the file of the 2nd respondent and proceed the same as per law within a stipulated time that may be fixed by this Court. For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.M.Veeranthiran Government Advocate (Crl.side) 1/5

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner is the de-facto complainant in Crime No.15 of 2023 pending on the file of the Inspector of Police, City Crime Branch, Trichy. It is his further submission that the Petitioner had approached this Court seeking direction against the Respondents 1 and 2 to complete the investigation within a specified time. 2.The learned Government Advocate (Criminal side) on instructions from the Respondents 1 and 2 submitted that the case had been registered in Crime No.15 of 2023 for the offences punishable under Sections 417, 419, 420, 463, 465, 468, 471 506(i) and 120 B of I.P.C. The fictitious persons are alleged to have executed the sale deed, as though, the real owners had executed the sale deed.

Therefore, the learned Government Advocate (Criminal side) seeks time to complete the investigation within a period of six months. Further, he submitted that the Inspector of Police, City Crime Branch, Trichy had received the documents from the Registration Department. He would further submit that the second respondent had examined 8 witness till date.

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3.Considering the date of registration of FIR ie., on 17.09.2023, the base of investigation is not found proper. Therefore, the first respondent/the Commissioner of Police, Trichy City, is directed to nominate a Senior Officer in the cadre of Deputy Commissioner or Assistant Commissioner to supervise the investigation in Crime No.15 of 2023. As the investigation is not found on proper lines, the investigation in Crime No.15 of 2023 may be withdrawn from the file of the present Inspector of Police, City Crime Branch, Trichy District and hand over the same to the Officer, who is well versed in investigation of white collar offence of this nature to conclude the investigation within the reasonable period of 3 months from the date of change of investigation. The investigation shall be monitored continuously. With the above directions, this Criminal Original Petition is disposed of.

Internet:Yes./No 29.02.2024 Index:Yes/No mm 3/5

To 1.The Commissioner of Police, Trichy City, Trichy District.

2.The Inspector of Police, City Crime Branch, Trichy District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.2770 of 2024 29.02.2024 5/5