Canara Bank v. The Superintendent Of Police

Crl.O.P.(MD)No.12213 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.12213 of 2019 Canara Bank, Rep.by its Chief Manager, Theni Branch, Madurai Road, Theni.

... Petitioner -Vs1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police,(Crime) District Crime Branch, Theni District, Theni.

(Crime No.15 of 2018) 3.The Superintendent of Police, CBI, No.73, Athikulam Main Road, Palanisamy Nagar, Athikulam, Reserve Line, Madurai - 625 007.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer of investigation in Crime No.15 of 2018 on the file of the respondent police 1 and 2 to CBI or any other competent investigation agency for fresh investigation. For Petitioner : Mr.R.Anandharaj For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.15 of 2018, from the file of the first respondent to CBI or any other competent investigation agency for fresh investigation.

2.The learned Government Advocate (criminal side) submitted that on the complaint lodged by the petitioner, the second respondent registered the case in Crime No.15 of 2018 for the offence under Sections 406, 420 and 420(b) of IPC as against three accused persons. On investigation found that the accused persons have pledged spurious jewels and obtained loan. The quantum of amount involved in this case more than 3 crores, which has to be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12213 of 2019 investigated by the CBI.

3. Considering the facts and circumstances of the case, the entire investigation in Crime No.15 of 2018, is hereby withdrawn and the same is transferred to the third respondent herein. 4.The second respondent is directed to hand over the entire case diary in respect of Crime No.15 of 2018 to the third respondent.

5.In view of the above, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (writs) // True Copy // Sub Assistant Registrar(CS ) das To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police,(Crime) District Crime Branch, Theni District, Theni.

(Crime No.151 of 2018) 3.The Superintendent of Police, CBI, No.73, Athikulam Main Road, Palanisamy Nagar, Athikulam, Reserve Line, Madurai - 625 007.

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

+1 CC to Mr.R. ANANDHARAJ, Advocate ( SR-101375[F] dated 26/11/2019 ) Crl.O.P.(MD)No.12213 of 2019 25.11.2019 MK (16.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2