← Library
Madras High CourtCRL OP(MD)/8830/2020closed

Pradeep Chakravarthi v. The Director General Of Police

2020-09-14Honourable Mr Justice R. Pongiappan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)Nos.8830, 9004, 9033, 9035, 9036, 9037, 9038 and Pradeep Chakravarthi ...Petitioner in CRL OP(MD).No.8830 of 2020 Jesu Raja Durai ...Petitioner in CRL OP(MD).No.9004 of 2020 Manickam

...Petitioner in CRL OP(MD).No.9033 of 2020

Jeyamani

...Petitioner in CRL OP(MD).No.9035 of 2020

Anthony Xavier Raja ...Petitioner in CRL OP(MD).No.9036 of 2020 Thangapandian

...Petitioner in CRL OP(MD).No.9037 of 2020

Manimalar

...Petitioner in CRL OP(MD).No.9038 of 2020

Viswanathan

...Petitioner in CRL OP(MD).No.9061 of 2020

- Vs. - 1.The Director General of Police, (Law and Order), 4,Dr.Radhakrishnan Salai, Mylapore, Chennai-600004. 2.The Inspector General of Police, South Zone, Race Course Road, Alagar Koil Road, Madurai.-625002 3.The Inspector General of Police, Economical Offences Wing-I, 1st Floor, Sidco Complex, Thiru.Vi.Ka Industrial Estate, Guindy, Chennai-600032.

4.The Superintendent of Police, Ramanathapuram District.

5. The Deputy Superintendent of Police, Ramanathapuram Sub Division, Madurai Road, Ramanathapuram. 6.The Inspector of Police, Bazaar Police Station, Ramanathapuram District. (Crime No.347 of 2020) 7.The Inspector of Police, District Crime Branch, Ramanathapuram District. (Crime No.41 of 2020) 1/5

8. Thulasi Manikandan, ( Complainant in Bazar Police Station Crime No.347 of 2020)

9. Karpagalilly, (Complainant in District Crime Branch in Crime.No.41 of 2020) ... Respondents in CRL OP(MD).No.8830 of 2020 1.The Director General of Police, (Law and Order), 4,Dr.Radhakrishnan Salai, Mylapore, Chennai-600004.

2. The Superintendent of Central Bureau of Investigation, No.73M, Athikulam Main Road, Reserve Line Post, Madurai 14

3. The Superintendent of Police O/o the Superintendent of Police, Ramanathapuram District.

4. The Inspector of Police, Bazaar Police Station, Ramanathapuram ... Respondents in CRL OP(MD).Nos.9004, 9033, 9035 to 9038 and 9061 of 2020 Prayer in CRL OP(MD).No.8830 of 2020 :

Criminal Original Petition is filed under section 482 of Criminal Procedure Code, praying this Hon'ble Court to issue a direction to the Respondents 1,2,4 and 5 to transfer the investigation in Crime No.347 of 2020 on the file of the 6th Respondent Police and the case in Crime.No.41 of 2020 on the file of the 7th Respondent Police to the file of the Economic offences Wing under the direct monitoring of this Court by directing the Economical Offences Wing to file periodical reports before this Court, based on the petitioner's representation dated 11.08.2020. Common Prayer in CRL OP(MD).Nos.9004, 9033, 9035 to 9038 and 9061 of 2020 :

Criminal Original Petitions are filed under section 482 of Criminal Procedure Code, praying this Hon'ble Court to direct the Respondent No.1 to withdraw the case in Crime No.347 of 2020 on the file of Respondent No.4 and entrust the same to the Respondent Number 2 for complete the investigation in accordance with law. For Petitioner : Mr.A.Kannan, Advocate for M/s.Mathuram Law Associates in CRL OP(MD).No.8830 of 2020 Mr.R.Alagumani, Advocate in CRL OP(MD).Nos.9004, 9033, 9035 to 9038 and 9061 of 2020 For Respondents :Mr.S.Chandrasekar, Additional Public Prosecutor on behalf of the Respondents No.1 to 7 in CRL OP(MD).No.8830 of 2020 and Respondents No.1 to 4 in CRL OP(MD).

Nos.9004, 9033, 9035 to 9038 and 9061 of 2020 2/5

COMMON ORDER In all these petitions, the Petitioners have sought for transfer of investigation to different investigating agencies, in respect of Crime No.41 of 2020 and Crime No.347 of 2020.

2. The case of the petitioners is that the petitioners are small entrepreneurs and running their respective business in Ramanathapuram District. While so, one Thulasi Manikandan and Arun, the agent of "Bullion Fintech LLB" company approached and canvassed the petitioners that they are having different attractive deposit schemes, which would double the investment in a year. Believing their words, the petitioners deposited a huge amount with the accused Company. In this regard, they were issued with cheques and instructed to place the cheques for collection after one year. The said finance company had collected nearly to the tune of Rs.300 crores from among 750 members. The accused persons though initially paid incentives for few months, thereafter, they have stopped.

When the petitioner requested for repayment, the same is refused with an intention to cheat the petitioners. Therefore, the petitioners have lodged a complaint on 09.06.2020, before the Inspector of Police, Bazaar Police Station, Ramanathapuram District, which was registered in Crime No.347 of 2020, under Section 406, 420, 294(b) and 506(ii) of IPC. Since there was no progress in the investigation in Crime No.347 of 2020, the petitioners are before this Court with the aforesaid relief.

3. Today, when the petitions are came up for hearing, Mr.S.Chandrasekar, the learned Additional Public Prosecutor, appearing for the respondent Police, on instructions, would submit that the case registered in Crime No.41 of 2020, under Sections 406 and 420 of IPC., on the file of the Inspector of Police, District Crime Branch, Ramanathapuram, and the case registered in Crime No.347 of 2020, under Sections 406, 420, 294(B) and 506(ii) IPC., on the file of the Inspector of Police, Bazaar Police Station, Ramanathapuram District, have already been transferred to the file of Economical Offences Wing, Chennai, for further investigation. In this regard, he has produced the copy of the proceedings issued by the Director General of Police.

4. In the light of the submissions made by the learned Additional Public Prosecutor for the respondent Police, the prayer sought for in all the Criminal Original Petitions has been satisfied and hence all the Criminal Original Petitions have become infructuous and therefore, all the Criminal Original Petitions are closed.

However, considering the number of persons, who have been cheated, and also the value of amount, it is appropriate to monitor the investigation in this case and hence, the learned 3/5

Additional Public Prosecutor is directed to file a status report before this Court on 14.10.2020.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK 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 Director General of Police (Law and Order), 4, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Inspector General of Police, South Zone, Race Course Road, Alagar Koil Road, Madurai - 625 002.

3.The Inspector General of Police, Economical Offences Wing-I, 1st Floor, SIDCO Complex, Thiru.Vi.Ka Industrial Estate Guindy, Chennai - 600 032.

4.The Superintendent of Police, Ramanathapuram District.

5. The Superintendent of Central Bureau of Investigation, No.73M, Athikulam Main Road, Reserve Line Post, Madurai 14 6.The Deputy Superintendent of Police, Ramanathapuram Sub Division, Madurai Road Ramanathapuram District.

4/5

7.The Inspector of Police, Bazaar Police Station, Ramanathapuram District, Crime NO.347 of 2020.

8.The Inspector of Police, District Crime Branch, Ramanathapuram District.

Crime No.41 of 2020.

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

CRL OP(MD)Nos.8830, 9004, 9033, 9035, 9036, 9037, 9038 and 9061 of 2020 14.09.2020 VB (29.09.2020) 5P 10C 5/5