Ambigadevi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ambigadevi ... Petitioner versus

1. The Superintendent of Police, Chennai.

2. The Inspector of Police, Dindigul.

3. The Inspector of Police,

4. Muneeshwaran

5. The Superintendent of Police, South Zone, Police Training College, Ashok Pillar, Chennai.

(R5 is suo motu impleaded as per order dated 25.07.2024) ... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the first respondent to transfer the investigation in Crime No.1 of 2024 pending on the file of the 2nd respondent to the 3rd respondent Police for conducting further investigation and to file a report within the time stipulated by this Court.

For Petitioner : Mr.D.S.Haroon Rasheed for M/s.V.Maharajan For R1 to R3 : Mr.E.Antony Sahaya Prabahar, and R5 Additional Public Prosecutor

ORDER

The petitioner claiming to be a victim in Crime No.1 of 2024 on the file of the 2nd respondent/the Inspector of Police, Economic Offences Wing, Dindigul, has filed this writ petition seeking transfer of investigation from the file of the 2nd respondent/the Inspector of Police, Economic Offences Wing, Dindigul, to the file of the 3rd respondent/ the Inspector of Police, Economic Offences Wing, Madurai.

2. The learned counsel appearing for the petitioner submits that most of the depositors are at Madurai and the Head Office of the Finance Company, namely, M/s.S.M.C. Co-operative Housing Society 2/6

Ltd. is also situated at Madurai. While so, the investigation being conducted by the Inspector of Police, Economic Offences Wing, Dindigul, would not serve any purpose. He further submits that the Finance Company is also having five branches at Madurai, but, the 2nd respondent Police has not taken any steps to identify those branches and to take necessary action. He further submits that the following 15 persons are the main persons in the Finance Company. (i) Vijayakrishnan @ Santhana Vijayakrishnan - Chairman (ii) Santhini Annamalai - Deputy Chairman (iii) Annamalai - Authorized signatory (iv) Ramesh - Vice Chairman (v) Guna - Branch Manager (vi) Jaiganesh - Assistant General Manager (vii) Muruganantham - Assistant General Manager (viii) Subramaniam - General Manager (ix) Panneerselvam - Secretary (x) Murudhubashini - H.R.

(xi) Sujatha - H.R.

(xii) Swetha - Software Manager (xiii) Vignesh - Software Manager (xiv) Sasirekha - Admin Staff (xv) Ameer - P.R.O 3/6

However, the respondent Police has registered the case as against three persons only and they have not acted upon against the remaining persons.

3. The learned Additional Public Prosecutor submits that the accused was having three companies at Madurai and eight companies at Dindigul. The Finance Company is having branches all over Tamilnadu and also in Kerala. The Investigating Agency has found that nearly 523 persons have been cheated by M/s.SMC Cooperative Housing Society Limited and the cheated amount is upto Rs.9 crores. He further submits that they have arrested the accused Nos.2 and 4 and they have also identified the properties of the accused company worth about Rs.8,85,00,000/- so far.

4. In view of the said submissions, this Court, suo motu impleads the Superintendent of Police, Economic Offences Wing, South Zone, Police Training College, Ashok Pillar, Chennai, as a party to this writ petition and directs the Superintendent of Police, Economic Offences Wing, to look into this issue and to take a decision for entrusting the 4/6

investigation either to the 2nd respondent/the Inspector of Police, Economic Offences Wing, Dindigul, or to the 3rd respondent/the Inspector of Police, Economic Offences Wing, Madurai. The petitioner is also directed to appear before the respondent Police on 29.07.2024 (Monday) and furnish the details if any available with him.

5. With the above direction, this writ petition is disposed of. No costs.

25.07.2024 NCC : Yes / No Index : Yes/No Internet : Yes/No ogy To

1. The Superintendent of Police, Chennai.

2. The Inspector of Police, Dindigul.

3. The Inspector of Police, 5/6

B.PUGALENDHI, J.

ogy

4. The Superintendent of Police, South Zone, Police Training College, Ashok Pillar, Chennai.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, 25.07.2024 6/6