S.Vijay v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.M.P.(MD)No.5100 of 2021 S.Vijay ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, District Crime Branch, 3.The Inspector of Police, District Crime Branch Police Station, (Crime No.18 of 2021) 4.The Inspector of Police, CBCID, ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to withdraw the investigation in Crime No.18 of 2021 on the file of the 3rd respondent and entrust the investigation to the 4th respondent or any other competent investigating agency under the direct supervision of the 1st respondent.

For Petitioner : Mr.R.Murugan For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side).

O R D E R

Heard the learned counsel on either side.

2.The petitioner is the defacto complainant in Crime No.18 of 2021 registered on the file of the third respondent for the offences under Sections 406 and 420 of IPC. In this case, the main 1/3

accused was arrested but only a small portion of what was parted with by the petitioner was recovered. Not satisfied with the nature of investigation, this criminal original petition has been filed for transfer. Notice was ordered and the third respondent has filed a status report. In the status report, the third respondent has catalogued the steps taken by her sofar. I am satisfied that the investigation is in the right direction. However, the case cannot be pending forever at the investigation stage. The FIR was registered as early as 09.04.2021. It is possible that there are quite a few other victims apart from the petitioner. But then, the third respondent need not wait to collect the details of all the victims. With the available number of victims, a final report can very well be filed.

I therefore direct the third respondent to file the final report in this case within a period of two months from the date of receipt of a copy of this order. If fresh complaints come against the main accused/Sowmiya, an independent case can always be registered and action can be taken independently.

3.With these directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Deputy Superintendent of Police, District Crime Branch, 2/3

3.The Inspector of Police, District Crime Branch Police Station, 4.The Inspector of Police, CBCID, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-34415[F] dated 15/11/2021 ) 11.11.2021 RS (30.11.2021) 3P 7C 3/3