S. Vinodharan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024

CORAM

THE HON'BLE MRS.JUSTICE R.HEMALATHA S.Vinodharan ... Petitioner Vs.

1.The Superintendent of Police, Ramanad District, Ramnad.

2.The Inspector of Police, CBCID, Ramanad, Ramnad District.

3.The Inspector of Police, Keelakarai Police Station, Ramanad, Ramnad District.

(Crime Number:35/2021) ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to transfer the investigation in Crime No.35 of 2021 on the file of the third respondent to the second respondent.

For Petitioner : Mr.K.P.Sankarakumarakuruparan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor Page No. 1 of 5

O R D E R

The present Criminal Original Petition is filed by the de facto complainant seeking transfer of the investigation in Crime No.35 of 2021 of Keelakarai Police Station to the Inspector of Police, Crime BranchCriminal Investigation Department [CBCID], Ramnad District.

2. The de facto complainant had lodged a complaint with the third respondent police stating that though the accused received a sum of Rs. 6,05,000/- for getting a government job, he did not keep up his promise and did not also pay the money back to him. The grievance of the petitioner is that though a criminal complaint was lodged way back in the year 2021, the third respondent did not investigate the case till date.

3. The learned Additional Public Prosecutor appearing for the respondents contended that, this Court while granting anticipatory bail to the accused directed him to pay a sum of Rs.2,00,000/- to the petitioner/ de facto complainant and till date, the accused did not obey the orders passed by this Court. His further contention is that since both the petitioner and the accused informed the police that they would be Page No. 2 of 5

compromising the issue, the police did not take any coercive action in Crime No.35 of 2021.

4.The learned counsel for the petitioner/de facto complainant contended that though the accused gave an undertaking letter dated 07.07.2022 to repay the balance amount, he did not do so.

5. In the facts and circumstances of the case, the Deputy Superintendent of Police (DSP), Keelakarai, Ramnad District is directed to monitor the investigation in Crime No.35 of 2021 and file final report or Referred Charge Sheet as the case may be as expeditiously as possible.

6. With the above observation, this Criminal Original Petition is disposed of.

05.01.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Page No. 3 of 5

To 1.The Superintendent of Police, Ramanad District, Ramnad.

2.The Deputy Superintendent of Police, Keelakarai, Ramanad District.

3.The Inspector of Police, Keelakarai Police Station, Ramanad, Ramnad District.

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R.HEMALATHA , J.

JEN 05.01.2024 Page No. 5 of 5