Madras High CourtCRL OP(MD)/15427/2016disposed of

Kosamattam Finance Represented v. The Director General Of Police

2016-11-25Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.15427 of 2016 Kosamattam Finance represented by its Assistant Regional Manager, Albin Vargese.

.. Petitioner /Defacto complainant -Vs1. The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

2. The Additional Director General of Police(CBCID), Office of the Additional Director General of Police(CBCID), Chennai.

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

4. The Inspector of Police, District Crime Branch, Dindigul District.

... Respondents/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to transfer the investigation of the case in Crime No.8 of 2016, from the file of the fourth respondent to the second respondent within the stipulated time as fixed by this Court.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.K.Anbarasan Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition is filed to transfer the investigation of the case in Crime No.8 of 2016, from the file of the fourth respondent to the second respondent within the stipulated time as fixed by this Court.

2.Heard the learned counsel for the petitioner and perused the materials available on record.

https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner is the defacto complainant in Cr.No.8 of

2016 on the file of the fourth respondent. The case of the prosecution is that the Manager of the defacto complainant has misappropriated gold jewels worth about Rs.18,86,490/-

4. The learned Counsel for the petitioner would submit that though the complaint was preferred on 01.03.2016, it came to be registered only based on the directions of the Superintendent of Police on 29.03.2016 and the accused was secured only recently and the fourth respondent has not conducted the investigation in a proper manner and hence, the case has to be transferred to some other agency.

5. The learned Government Advocate (Crl.Side) would submit that the fourth respondent has secured the accused and the investigation is going on a proper direction.

6. Considering the rival submissions, this Criminal Original Petition is disposed of with a direction to the Superintendent of Police, Dindigul to monitor the investigation in Cr.No.8 of 2016 on the file of the fourth respondent. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To:

1. The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

2. The Additional Director General of Police(CBCID), Office of the Additional Director General of Police(CBCID), Chennai.

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

4. The Inspector of Police, District Crime Branch, Dindigul District.

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

+ 1 CC TO Mr.S.MALAIKANI, ADVOCATE IN SR No. 72611 SSL TE/SKS-RR : 16/12/2016 : 3P/7C Crl.O.P.(MD) No.15427 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 25.11.2016