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Madras High CourtCRL OP(MD)/12637/2022closed

G.Ramesh v. The Additional Director General Of Police

2022-08-03Honourable Mr Justice V.Sivagnanam6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.12637 of 2022 and Crl.M.P(MD) No.8024 of 2022

1. G.Ramesh

2. K.Manimozhi ... Petitioners/Accused Nos.1 & 2 Vs

1. The Additional Director General of Police, Economic Offence Wing, SIDCO, Alandur Road, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai - 600 032.

2. The Deputy Superintendent of Police, Economic Offence Wing, Coimbatore, Commissioner of Police Campus, Coimbatore.

3. The State Represented by its, Economic Offences Wing - II, Coimbatore.

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4. The State Represented by its District Crime Branch, Sivagangai.

... Respondents/ Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to transfer the investigation in Crime No.05 of 2021, on the file of the Inspector of Police, District Crime Branch, Sivagangai to the third Respondent namely., the Inspector of Police, Economic Offence Wing-II, Coimbatore District.

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For Petitioners : Mr.D.Venkatachalam For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) For Intervenor : Mr.P.Gokulnath

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.05 of 2021, on the file of the Inspector of Police, District Crime Branch, Sivagangai to the third Respondent namely., the Inspector of Police, Economic Offence Wing-II, Coimbatore District.

2. The learned counsel for the petitioners submitted that the petitioners are accused Nos 1 and 2, in a case in Crime No.5 of 2021. 2/6

Earlier, a case was registered in Crime No.3 of 2019, on 22.06.2019, for the offences under Sections 406, 420 I.P.C., Sections 3, 4 and 21 of Banning of Unregulated Deposit and Chit Act. Challenging the aforesaid FIR in Crime No. 3 of 2019, the first petitioner had filed a writ petition in W.P. No.24057 of 2019, before the Principal Seat of this Court. Since the petitioners have volunteered to repay the amount to the depositors, this Court by order dated 27.08.2019, had formed a committee headed by a Former Judge of this Court, to effect repayment to the depositors. Therefore, the learned counsel prays that this case may also be transferred from the fourth respondent to the third respondent.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents submitted that the case has been registered on the complaint given by one Kanjana. Further, it came to light that the accused persons, by running a Universal Chit Fund Company Pvt Limited and Universal Trading Solution Pvt., Limited, had cheated various persons and another complaint has been registered in Crime No.12 of 2020, for the offences under Sections 406, 420, 120(b) I.P.C. Now, all the cases are under investigation before the third 3/6

respondent- the Inspector of Police, Economic Offences Wing, Coimbatore. Therefore, the fourth respondent had addressed the Deputy Superintendent of Police, Sivagangai to transfer the case in Crime No.5 of 2021, to the third respondent.

4. Considering the above submission, the case in Crime No.5 of 2021, on the file of the Inspector of Police, District Crime Branch, Sivagangai is directed to be transferred to the third respondent viz., the Inspector of Police, Economic Offences Wing - II, Coimbatore District.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. 03.08.2022 Internet:Yes./No Index:Yes/no ebsi 4/6

To

1. The Additional Director General of Police, Economic Offence Wing, SIDCO, Alandur Road, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai - 600 032.

2. The Deputy Superintendent of Police, Economic Offence Wing, Coimbatore, Commissioner of Police Campus, Coimbatore.

3. The State Represented by its, Economic Offences Wing - II, Coimbatore.

4. The State Represented by its District Crime Branch, Sivagangai.

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

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V.SIVAGNANAM, J.

ebsi ORDER IN CRL.O.P (MD) No.12637 of 2022 03.08.2022 6/6