M.Dhanalakshmi v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.2950 of 2017 M.Dhanalakshmi : Petitioner / Defacto Complainant Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thanjavur West Police Station, Thanjavur.

(In Crime No.380/2012).

3.The Inspector of Police, CBCID, Thanjavur.

: Respondents /Complainants Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to withdraw the entire case diary in Crime No.380 of 2012 from the file of the second respondent and hand over the same to the third respondent and further, direct the third respondent to investigate the case and file a final report, within a stipulated time fixed by this Court.

For Petitioner : Mr.C.Arul Vadivel Alias Sekar For Respondents : Mr.K.Anbarasan, Government Advocate (Crl.side) *******

O R D E R

On the complaint lodged by the petitioner, the second respondent registered a case in Crime No.380 of 2012 on 12.08.2012, for offences under Sections 406, 419, 465, 468 and 420 of the Indian Penal Code. It is the grievance of the petitioner that from 2012-2017, there has not been any progress in the investigation and, therefore, the petitioner is before this Court for transfer of investigation to the CBCID.

2. Today, Mr.B.Marivel, Thanjavur West Police Station, is present in Court. On a perusal of the case diary, it is seen that apart from recording the submissions of two persons, no progress has been made in the investigation in Crime No.380 of 2012 by the https://hcservices.ecourts.gov.in/hcservices/

second respondent police. The allegations in the First Information Report relate to white-collar offences, viz., offences under Sections 406, 419, 465, 468 and 420 of the Indian Penal Code.

3. In the considered opinion of this Court, the second respondent, who is mainly in-charge of law and order, will not be suited for investigation of crime of this nature. Under such circumstances, it will be in the interest of justice, if the case in Crime No.380 of 2012 is transferred from the file of Thanjavur West Police Station to the file of the District Crime Branch, Thanjavur.

4. Accordingly, this Court directs the second respondent police to hand over the case diary in Crime No.380 of 2012 to the District Crime Branch, Thanjavur, within a period of two weeks from the date of receipt of a copy of this order, after obtaining appropriate orders from the Superintendent of Police, Thanjavur District. The District Crime Branch, Thanjavur, thereafter, is directed to expeditiously complete the investigation of the case. 5.This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Thanjavur West Police Station, Thanjavur.

3.The Inspector of Police, CBCID, Thanjavur.

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

+1 CC to MR.C.ARUL VADIVEL @ SEKAR, Advocate, SR No.15133 SML PSM/RR/03.04.2017/2P/6C Order made in CRL.O.P.(MD)No.2950 of 2017 Dated: 16.03.2017 https://hcservices.ecourts.gov.in/hcservices/