S.Ravikumar, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4102 of 2016 S.Ravikumar ... Petitioner -vs1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, District Crime Branch, Theni District, Theni.

3.Jasmine Mumtaz The Inspector of Police, District Crime Branch, Theni District, Theni.

... Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to transfer the case in Cr.No.42/2015, on the file of the 2nd respondent police station to some other police station and further direct them to investigate and file final report within the time stipulated by this Court.

For Petitioner :

Mr.P.R.Prithiviraj For R1 & R2 :

Ms.S.Prabha Government Advocate (Crl.Side)

O R D E R

On a reading of the First Information Report, it appears that this petitioner and the proposed accused seems to had business dealings in connection with vehicles and that it is alleged by the petitioner that the proposed accused has cheated to the tune of Rs.11,00,000/-. First Information Report itself has been registered, pursuant to the direction issued by this Court in Crl.O.P.(MD).No.20619 of 2015, on 08.12.2015.

2. Today, when the matter was called, learned Government Advocate (Criminal Side) submitted that the police has completed the investigation in Cr.No.42 of 2015 and they are likely to file a closure report before the concerned Court.

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3. Learned counsel for the petitioner submitted that the police had done a perfunctory investigation and therefore, the investigation should

be transferred to any other agency. I am unable to countenance the submission of the learned counsel for the petitioner, because a very reading of the First Information Report itself shows that dispute is essentially civil in nature. Further, it is always open to the petitioner to file a protest application before the concerned Court , if the respondent police file a closure report.

4. In the result, this Court is of the opinion that this is not a fit case to transfer the investigation to any other agency. Accordingly, this petition is dismissed with liberty to the petitioner to file a protest application before the Magistrate concerned, as and when the respondent police file the closure report.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To:

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

2.The Inspector of Police, District Crime Branch, Theni District, Theni.

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

jikr sm:GSV-PM:05.04.2016:2P/4c Crl.O.P.(MD)No. 4102 of 2016 24.03.2016 https://hcservices.ecourts.gov.in/hcservices/