S. Mohan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.17578 of 2018 S.Mohan

...Petitioner

Vs.

1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Deputy Superintendent of Police, Central Bureau of Investigation, Madurai, Madurai District.

3.State Represented by the Deputy Superintendent of Police, Economic Offences Wing, (Finance Institution), Kanyakumari District, At Nagercoil.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to transfer the investigation in Crime No.1 of 2017 on the file of third respondent to second respondent. For Petitioner : Mr.T.Jeen Joseph For Respondents: Ms.S.Bharathi Government Advocate

O R D E R

This petition has been filed seeking to transfer the investigation in Crime No.1 of 2017, which is pending on the file of third respondent.

2.The learned counsel for the petitioner would submit that the accused persons, who had cheated the general public and had purchased various properties in the names on various persons, also have properties in foreign Countries and in other States. Therefore, the learned counsel for the petitioner would further submit that the third respondent will not be able to handle this case since it involves inter State and inter Country. 3.The learned Government Advocate would submit that this Court has already passed an order in Crl.O.P.(MD)No.8060 of 2018, wherein this Court has constituted a Committee to identify properties and to bring the same for auction and disburse the same to the persons, from whom the money was received by the accused persons. The Status Report has also been filed by the https://hcservices.ecourts.gov.in/hcservices/

Investigating Officer before this Court, detailing the various steps taken by the respondent police to identify the properties and to bring them for auction sale and disburse to the depositors. 4.In view of the above submission, the petitioner is permitted to make a representation to the Liquidation Committee pointing out the various properties belonging to the accused person, which are situated in various other States and also in foreign Countries. On such representation being made by the petitioner, the Liquidation Committee shall take immediate steps to attach those properties also and take appropriate action to bring those properties also for auction sale. 3.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Deputy Superintendent of Police, Central Bureau of Investigation, Madurai, Madurai District.

3.The Deputy Superintendent of Police, Economic Offences Wing, (Finance Institution), Kanyakumari District, At Nagercoil.

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

+ 1 CC TO MR.S.C.HEROLD SINGH, ADVOCATE IN SR NO.88188 ls BU/PM/SAR-III :02.11.2018 : 2P/6C Crl.O.P.(MD).No.17578 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 03.10.2018