Madras High CourtCRL OP(MD)/11874/2019dismissed

Malarvizhi v. The Superintendent Of Police

2019-08-28Honourable Mr Justice V. Bharathidasan3 pages

1 Crl.O.P.(MD) No.11874 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.11874 of 2019 Malarvizhi : Petitioner

Versus

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

2.The Deputy Superintendent of Police, DSP Office, Usilampatti, Madurai-625 532.

3.State represented by The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

4.The Inspector of Police, CB-CID, Madurai Division, Madurai.

: Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the first respondent to change the investigation in the matter relating to the petitioner's complaint dated 19.07.2019 on the file of the third respondent Police and entrust the same to the fourth respondent for investigation of the petitioner's complaint and secure the accused and take necessary action within the time stipulated by this Court. For Petitioner : Mr.A.Aathiyan For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal side)

O R D E R

This petition has been filed seeking a direction to the respondents 1 and 2 to transfer the investigation in the matter pertaining to the complaint, dated 19.07.2019, pending on the file of the third respondent.

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2 Crl.O.P.(MD) No.11874 of 2019

2. The grievance of the petitioner is that the petitioner's ATM card has been misused by the third party and money has been withdrawn from his account. Hence, he made a complaint before the respondent Police as early as on 19.07.2019. So far, no action has been taken by the respondent Police. In the above circumstances, the petitioner has filed the present petition.

3. Today, the third respondent is present before this Court. He submitted that based on a complaint given by the petitioner, a crime has been registered in Crime No.427 of 2019. Now the third respondent is conducting investigation and he will complete the investigation as expeditiously as possible.

4. Considering the fact that already the First Information Report has been registered based on a complaint given by the petitioner, now the third respondent has also commenced investigation, at this stage, the investigation need not be transferred to any other agency. However, the third respondent is directed to complete the investigation and file a final report within a period of two months from the date of receipt of a copy of this order.

5. The Criminal Original Petition stands dismissed accordingly.

Sd/- Assistant Registrar(AD-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, DSP Office, Usilampatti, Madurai-625 532.

3.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

4.The Inspector of Police, CB-CID, Madurai Division, Madurai.

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

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3 Crl.O.P.(MD) No.11874 of 2019 +1 CC to M/s.A.AATHIYAN, Advocate ( SR-84348[F] dated 29/08/2019 ) Order made in Crl.O.P.(MD) No.11874 of 2019 Dated: 28.08.2019 tsg JM/12.09.2019/3P/7C 3/5