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Madras High CourtCRL OP(MD)/10036/2016disposed of

R.Selvaganesan v. The Commissioner Of Police

2020-11-02Honourable Mr Justice Sathi Kumar Sukumara Kurup3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.M.P.(MD)No.5019 of 2016 1.R.Selvaganesan 2.P.Arumugam 3.P.Rajendran 4.P.Mahalingam 5.A.Narayanan ... Petitioners/Defacto Complainants Vs.

1.The Commissioner of Police, Office of the Commissioner of Police,Madurai. 2.The Joint Director and Head of the Zone, Central Bureau of Investigation (CBI), III Floor, E.V.K.Sampath Building, College Road,Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

4.The Inspector of Police, Economic Offences Wing, Virudhunagar District, Virudhunagar.

5.The Inspector of Police, District Crime Branch, Madurai District.

(Crime No.64 of 2015) 6.The Inspector of Police, Economic Offences Wing-II, Madurai District.

(Crime No.1 of 2016) ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondent No.1 to withdraw the case in Crime No.64 of 2015 dated 05.12.2015 on the file of respondent No.3 and entrust the same to Respondent No.2 for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within a time period stipulated by this Court. 1/3

For Petitioners :

Mr.T.Lajapathy Roy For Respondents :

Mr.A.Robinson, Govt. Advocate (Crl. Side) for R1, R3 to R6 Mr.S.Vijayan, Special Public Prosecutor for R2

ORDER

Heard the learned counsel appearing for the petitioners, the learned Special Public Prosecutor appearing for the second respondent and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 3 to 5.

2.Crime No.64 of 2015 was registered on the file of the third respondent for the offences under Sections 406 and 420 of I.P.C. and Sections 4 and of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

3.It is seen that the financial establishment had cheated thousands of gullible depositors. The case has inter-state ramifications. Therefore, in the year 2018, investigation was transferred from the State Police to CBI. This criminal original petition has been filed by the affected parties for directing CBI to file the final report.

4.When the matter was taken up for hearing, the learned Special Public Prosecutor assisted by the Investigation Officer appeared before this Court through web hearing and submitted that within a period of four months from the date of receipt of a copy of this order, the final report will be filed before the jurisdictional Court.

5.The said submission is recorded and the second respondent is directed to file the final report in this case within the aforesaid period. Immediately, after the final report is filed, the jurisdictional Court will take a call in the matter without any delay. In other words, the final report will not be kept pending without scrutiny.

6.The criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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 Commissioner of Police, Office of the Commissioner of Police, Madurai.

2.The Joint Director and Head of the Zone, Central Bureau of Investigation (CBI), III Floor, E.V.K.Sampath Building, College Road, Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

4.The Inspector of Police, Economic Offences Wing, Virudhunagar District, Virudhunagar.

5.The Inspector of Police, District Crime Branch, Madurai District.

6.The Inspector of Police, Economic Offences Wing-II, Madurai District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-20938[F] dated 03/11/2020 ) 02.11.2020 (2/2) MA(CO) AP(17/12/2020) 3P 8C 3/3